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IN RE COMPLAINT OF ADM/GROWMARK RIVER SYSTEM, INC.

No. 99-30535.

234 F.3d 881 (2000)

In re: In the Matter of the Complaint of ADM/GROWMARK RIVER SYSTEM, INC., as Owner Pro Hac Vice of the Barge REBECCA, Praying for Exoneration From or Limitation of Liability. ADM/Growmark River System, Inc., Petitioner-Appellee, v. Lee Roy Lowry, Claimant-Appellee, v. Kostmayer Construction, Inc., Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

Revised December 5, 2000.

Attorney(s) appearing for the Case

David Michael Flotte (argued), Claire d'Hemecourt Glas, Mouledoux, Bland, Legrand & Brackett, New Orleans, LA, for Petitioner-Appellee.

John Steven Hunter, Richard L. Seelman (argued), Courtenay, Forstall, Hunter & Fontana, New Orleans, LA, for Claimant-Appellee.

Joseph G. Guilbeau (argued), Charles W. Farr, Juge, Napolitano, Guilbeau & Ruli, Metairie, LA, for Claimant-Appellant.

Before REAVLEY, BENAVIDES and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

This case requires that we determine whether section 905(b) of the Longshore and Harbor Worker's Compensation Act (LHWCA) invalidates certain liability allocation provisions in an agreement between two vessel owners, one of which also employs a harbor worker injured on the job. After thoroughly considering the language of section 905(b), the legislative history of the statute, as well as the cases interpreting the provision, we conclude that...

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