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CAIN v. TRANSOCEAN OFFSHORE USA, INC.

No. 05-30963.

518 F.3d 295 (2008)

Rocky H. CAIN, Plaintiff-Appellee, v. TRANSOCEAN OFFSHORE USA, INC.; Sedco Forex Corp., Defendants-Third Party Plaintiffs-Appellants, v. Fontana Center LLC, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 21, 2008.

Attorney(s) appearing for the Case

Paul B. Wilkins, Law Offices of Paul B. Wilkins, Columbia, LA, for Cain.

Hal C. Welch, Lemle & Kelleher, New Orleans, LA, for Transocean Offshore USA, Inc. and Sedco Forex Corp.

Daniel A. Reed, Seale, Smith, Zuber & Barnette, Baton Rouge, LA, for Fontana Ctr. LLC.

Before KING, GARZA and OWEN, Circuit Judges.

KING, Circuit Judge:

This case requires us to consider the continued viability of our longstanding precedent holding that a watercraft under construction is not a "vessel in navigation" for purposes of the Jones Act. We hold that the Supreme Court's decision in Stewart v. Dutra Construction Company, 543 U.S. 481, 125 S.Ct. 1118, 160 L.Ed.2d 932 (2005), has not effectively overruled that precedent because the decision did not concern...

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