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ALLEMAN v. OMNI ENERGY SERVICES CORP.

No. 08-30086.

570 F.3d 680 (2009)

Thomas J. ALLEMAN, Etc., Plaintiff, v. OMNI ENERGY SERVICES CORPORATION, Defendant-Third Party Plaintiff-Appellant, AIG Insurance Company, Third Party Plaintiff-Appellant, v. W&T Offshore, Inc., Third Party Defendant-Appellee. Mark R. Parker, Etc.; et al., Plaintiffs, v. Omni Energy Services Corporation, Defendant-Third Party Plaintiff-Appellant, AIG Insurance Company, Third Party Plaintiff-Appellant, v. W&T Offshore, Inc., Third Party Defendant-Appellee. Ronald Lee Bart Fontenot; Mary Eve Fontenot, Plaintiffs-Appellants, v. Ernie Dale Smith, Defendant-Appellee, Omni Energy Services Corporation; AIG Insurance Company, Defendants-Third Party Plaintiffs-Appellants-Appellees, v. W&T Offshore, Inc., Third Party Defendant-Appellee. Sharon Gayle Hebert, Natural Tutrix on Behalf of Ariel Lynn Hollier, Plaintiff-Appellant, v. Ernie Dale Smith, Defendant-Appellee, Omni Energy Services Corporation; AIG Insurance Company, Defendants-Third Party Plaintiffs-Appellants-Appellees, v. W&T Offshore, Inc., Third Party Defendant-Appellee. Brian Lee Hollier, Plaintiff-Appellant, v. Ernie Dale Smith, Defendant-Appellee, Omni Energy Services Corporation; AIG Insurance Company, Defendants-Third Party Plaintiffs-Appellants-Appellees, v. W&T Offshore, Inc., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 9, 2009.

Attorney(s) appearing for the Case

Edward S. Johnson (argued), Johnson, Johnson, Barrios & Yacoubian, New Orleans, LA, for AIG Ins. Co. and Omni Energy Services Corp.

George B. Jurgens, III (argued), James Denman Bercaw, King, Krebs & Jurgens, PLLC, New Orleans, LA, for W&T Offshore, Inc.

Before SMITH, GARZA and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

In this appeal, we must determine difficult questions of applicable law following a tragic helicopter accident in the Gulf of Mexico. The two key issues before us are (1) whether a contract for helicopter services to oil platforms is by its nature a maritime contract, and (2) where to draw the line between the Outer Continental Shelf Lands Act ("OCSLA") and the Death on the High Seas Act ("DOHSA"). Bert Hollier ("Hollier") and other...

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