SCARBOROUGH v. CLEMCO INDUSTRIES

No. 03-30985.

391 F.3d 660 (2004)

Barbara SCARBOROUGH, Individually and on behalf of decedent William A. Scarborough; Rhonda Scarborough Halterlein, individually and on behalf of decedent William A. Scarborough; William Scarborough, Jr., individually and on behalf of decedent William A. Scarborough, Plaintiffs-Appellants, v. CLEMCO INDUSTRIES, a.k.a. Clemco-Clemintina Ltd.; et al., Defendants, Clemco Industries, Inc., a.k.a. Clemco-Clemintina Ltd.; Pulmosan Safety Equipment Company; Century Indemnity Company; as successor to CCI Insurance Company of North America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 18, 2004.


Attorney(s) appearing for the Case

A. Remy Fransen, Jr. (argued), Fransen & Hardin, Jodi Jacobs Aamodt, Jacobs, Manuel & Kain, New Orleans, LA, for Plaintiffs-Appellants.

Roger Douglas Marlow (argued), Hulse & Wanek, Covington, LA, James M. Garner, Martha Y. Curtis, Jacob Albert Airey, Sher, Garner, Cahill, Richter, Klein, McAlister & Hilbert, New Orleans, LA, for Clemco Industries Inc. and Century Indem. Co.

Darrell K. Cherry (argued), Deutsch, Kerrigan & Stiles, New Orleans, LA, for Pulmosan Safety Equipment Co.

Before JONES and WIENER, Circuit Judges, and LITTLE, District Judge.


LITTLE, District Judge:

I. FACTUAL AND PROCEDURAL HISTORY

This appeal arises from the district court's judgment dismissing the claims for nonpecuniary damages of Appellants, Barbara Scarborough, Rhonda Scarborough, and William Scarborough, Jr. ("Appellants"). See Scarborough v. Clemco Indus., 264 F.Supp.2d 437 (E.D.La.2003) (stating the reasons upon which the district court dismissed...

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