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ARSEMENT v. SPINNAKER EXPLORATION CO., LLC

No. 04-40230.

400 F.3d 238 (2005)

Dalton ARSEMENT, Jr., et al., Plaintiffs, Dalton Arsement, Jr., Plaintiff-Appellee, v. SPINNAKER EXPLORATION COMPANY, LLC, et al., Defendants, Spinnaker Exploration Company, LLC; Joe Nowiczewski, Individually, and doing business as Nova Consulting Services; White Wing Consultants, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 9, 2005.

Attorney(s) appearing for the Case

Timothy F. Lee (argued), Paul William Smith, Ware, Jackson, Lee & Chambers, Houston, TX, Craig Alan Davis, Law Office of Craig Davis, Lafayette, LA, for Plaintiff-Appellee.

A. Glenn Diddel, III (argued), The Diddel Law Firm, Christopher Tramonte, Tramonte & Associates, Houston, TX, for Defendants-Appellants.

Before BARKSDALE, GARZA and DEMOSS, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Spinnaker Exploration Company, Joe Nowiczewski, individually and doing business as Nova Consulting Services, and White Wing Consultants appeal the denial of their motions for judgment as a matter of law (JMOL) and new trial. Those motions contest the jury verdict in favor of Dalton Arsement's claims arising under the Outer Continental Shelf Lands Act, 43 U.S.C. § 1349 (OCSLA) (applying Texas law), concerning his being injured...

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