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WITHHART v. OTTO CANDIES, L.L.C.

No. 04-31267.

431 F.3d 840 (2005)

Jeffrey Wayne WITHHART, Plaintiff-Counter Defendant-Appellee, v. OTTO CANDIES, L.L.C., et al., Defendants, Sea Mar, Inc., Sea Mar Management L.L.C., Nabors Marine, L.L.C., Defendant-Counter Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 2, 2005.

Attorney(s) appearing for the Case

Robert Ray Broussard, David Patrick Daniel (argued), Lafayette, LA, for Withhart.

William M. Bass (argued), Elisabeth Kraft Cortez, Voorhies & Labbe, Lafayette, LA, for Appellants.

Before REAVLEY, GARZA and BENAVIDES, Circuit Judges.

REAVLEY, Circuit Judge:

Sea Mar, Inc. appeals the district court's dismissal under Federal Rule of Civil Procedure 12(b)(6) of its counterclaims against Jeffrey Wayne Withhart. The issue presented in this appeal is whether a shipowner-employer (Sea Mar) may assert a negligence and indemnity claim against its seaman-employee (Withhart) for property damage allegedly caused by Withhart's negligence. The district court answered this question in the negative, and dismissed...

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