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DEMETTE v. FALCON DRILLING CO., INC.

No. 00-30165.

253 F.3d 840 (2001)

Kermit DEMETTE, Plaintiff, v. FALCON DRILLING COMPANY, INC.; et al., Defendants. R&B Falcon Drilling USA, Inc., Defendant-Third Party Plaintiff-Appellee, v. Frank's Casing Crew & Rental Tools, Inc., Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 12, 2001.

Attorney(s) appearing for the Case

Jennifer Elmer Michel (argued), Edwin G. Preis, Jr., Preis, Kraft & Roy, Lafayette, LA, for Frank's Casing Crew & Rental Tools, Inc.

Daniel E. Knowles, III, Brien J. Fricke (argued), Burke & Mayer, New Orleans, LA, for R&B Falcon Drilling USA, Inc.

Richard C. Rutledge, III, Drucker, Rutledge, Ward & Smith, The Woodlands, TX, Karen Ann Lister, Wetzel, Henri & Drucker, LLP, Houston, TX, for A&B Builders, Inc., Amicus Curiae.

Before HIGGINBOTHAM and DeMOSS, Circuit Judges, and FISH, District Judge.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Appellee R&B Falcon Drilling USA, Inc. sued appellant Frank's Casing & Crew Rental Tools, Inc. for indemnity when a Frank's employee sued Falcon under the Longshore and Harbor Workers' Compensation Act1 for injury sustained while working on a Falcon jack-up rig in the Gulf of Mexico. Frank's argued that the indemnity agreement was voided by LHWCA...

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