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COASTAL PRODUCTION SERVICES, INC. v. HUDSON

No. 06-60766.

567 F.3d 752 (2009)

COASTAL PRODUCTION SERVICES, INC.; Forest. Oil Corporation; Ace American Insurance Company, Petitioners, v. Terry W. HUDSON; Director, Office of Worker's Compensation Programs, U.S. Department of Labor, Respondent.

United States Court of Appeals, Fifth Circuit.

May 8, 2009.

Attorney(s) appearing for the Case

Christopher Leonard Zaunbrecher (argued), Briney & Foret, Lafayette, LA, for Petitioners.

Arthur Joseph Brewster (argued), Law Office of Arthur J. Brewster, Metairie, LA, for Hudson.

Matthew W. Boyle (argued), Barry H. Joyner, Mark Ambrose Reinhalter, Richard Anthony Seid, Donald Shire, U.S. Dept. of Labor, Thomas O. Shepherd, Jr., Clerk, Benefits Review Bd., Washington, DC, David Duhon, U.S. Dept. of Labor, Employment Standards Admin., New Orleans, LA, for Director, Office of Worker's Comp. Programs, U.S. Dept. of Labor.

Before WIENER, DeMOSS, and PRADO, Circuit Judges.

PER CURIAM:

The Petition for Rehearing is DENIED and the court having been polled at the request of one of the members of the court and a majority of the judges who are in regular active service and not disqualified not having voted in favor, (FED. R. APP. P. and 5TH CIR.R. 35) the Petition for Rehearing En Banc is also DENIED.

DeMOSS, Senior Circuit Judge, joined by JERRY E. SMITH, Circuit Judge, dissenting from the denial of rehearing en banc:

In...

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