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HOLMES v. ATLANTIC SOUNDING CO., INC.

Nos. 04-30732, 04-30750.

437 F.3d 441 (2006)

Addie HOLMES, Plaintiff-Appellant, v. ATLANTIC SOUNDING COMPANY, INC.; Weeks Marine Inc.; ABC Insurance Co.; XYZ Insurance Co., Defendants-Appellees. Addie Holmes, Plaintiff-Appellant, v. Atlantic Sounding Company, Inc.; ABC Insurance Co., Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 19, 2006.

Attorney(s) appearing for the Case

Victor L. Marcello (argued), Talbot, Carmouche & Marcello, Gonzales, LA, for Holmes.

Kenneth G. Engerrand, Brown Sims, Houston, TX, for Defendants-Appellees.

David W. Robertson, Austin, TX, pro se and for Sturley, Amicus Curiae.

Before WIENER, DeMOSS, and PRADO, Circuit Judges.

WIENER, Circuit Judge:

This court's previous opinion is hereby withdrawn, and the following opinion is substituted:

In this consolidated appeal of two state actions that were removed to different district courts, Plaintiff-Appellant Addie Holmes appeals the denial of her motion to remand and the dismissal of her Jones Act and general maritime law personal injury suit against defendants-appellees, Atlantic Sounding Co., Inc. ("Atlantic"), her nominal payroll...

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