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GAUTREAUX v. SCURLOCK MARINE, INC.

Nos. 95-30250, 95-30272.

107 F.3d 331 (1997)

Charles D. GAUTREAUX, Plaintiff-Appellee, v. SCURLOCK MARINE, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 28, 1997.

Attorney(s) appearing for the Case

Leonard Arthur Radlauer, New Orleans, LA, for Plaintiff-Appellee.

Allen F. Campbell, Gene Ray Smith, Deutsch, Kerrigan & Stiles, New Orleans, LA, for Defendant-Appellant.

Lawrence S. Kullman, Lewis & Kullman, New Orleans, LA, for Louisiana Trial Lawyers Association, Amicus Curiae.

Before POLITZ, Chief Judge, and KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.

DUHÉ, Circuit Judge:

Defendant-Appellant Scurlock Marine, Inc. moves this En Banc Court to consider whether seamen, in Jones Act negligence cases, are bound to a standard of ordinary prudence in the exercise of care for their own safety, or whether they are bound to a lesser duty of slight care. On appeal to a panel of this Court, Scurlock Marine had assigned as error, inter alia, the district court's instructions to the jury charging that seamen were...

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