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RELIANCE INS. CO. v. LOUISIANA LAND & EXPLORATION

No. 96-30303.

110 F.3d 253 (1997)

RELIANCE INSURANCE COMPANY, Plaintiff Third Party Defendant-Appellee-Appellant, v. The LOUISIANA LAND AND EXPLORATION COMPANY, Defendant Third Party Plaintiff-Cross Claimant-Appellant-Appellee, CBS Engineering, Inc., Defendant-Cross Defendant-Appellee, Gulf Island Fabrication, Third Party Defendant-Third Party Plaintiff-Appellant-Appellee, Lloyd's London, Third Party Defendant-Appellee, The United National Insurance Company, Third Party Defendant-Appellee. LOUISIANA LAND AND EXPLORATION COMPANY, Plaintiff-Appellant, v. GULF ISLAND FABRICATION, INC., Defendant-Appellee, Lloyd's Underwriters at London, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 4, 1997.

Attorney(s) appearing for the Case

Dean A. Sutherland, New Orleans, LA, for Plaintiff-Appellee.

James M. Tompkins, Galloway, Johnson, Tompkins & Burr, Houston, TX, J. Michael Grimley, Jr., Galloway, Johnson, Tompkins & Burr, New Orleans, LA, for Gulf Island Fabrication and Lloyd's London.

Bruce R. Hoefer, Jr., Robert T. Lorio, Milling, Benson, Woodward, Hillyer, Pierson & Miller, New Orleans, LA, for Louisiana Land and Exploration Co.

Robert A. Redwine, New Orleans, LA, for CBS Engineering, Inc. and United National Ins. Co.

Before HIGGINBOTHAM, SMITH and BARKSDALE, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In the wake of an accident during the load-out of part of an offshore oil platform, the parties in this case find themselves litigating the question of who should bear the burden of the loss. We conclude that the district court resolved the cases properly, which means that none of the efforts to re-allocate expenses can survive summary judgment.

I.

Louisiana Land & Exploration Co. entered into two contracts...

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