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PRETUS v. DIAMOND OFFSHORE DRILLING, INC.

No. 08-40622.

571 F.3d 478 (2009)

Herbert B. PRETUS, Jr., Plaintiff-Appellant, v. DIAMOND OFFSHORE DRILLING, INC.; Diamond Offshore Management Co.; Diamond Offshore Services Co., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 12, 2009.

Attorney(s) appearing for the Case

Paul Eric Harrison (argued), Law Offices of Paul E. Harrison, LLC, Mandeville, LA, Gary B. Pitts, Pitts & Mills, Friendswood, TX, for Plaintiff-Appellant.

Mark Reese Pharr, III (argued), Galloway, Johnson, Tompkins, Burr & Smith, Lafayette, LA, Ron Thomas Capehart, Galloway, Johnson, Tompkins, Burr & Smith, Houston, TX, for Defendants-Appellees.

Before DAVIS, SMITH and OWEN, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

On September 6, 2006, Plaintiff Herbert B. Pretus, Jr. ("Pretus") sued his employer, Diamond Offshore Drilling Inc., and related entities (collectively, "Diamond"), after being diagnosed in early 2005 with a lung disorder allegedly arising out of his employment on the OCEAN CONFIDENCE and other movable ocean rigs owned by Diamond. Diamond filed a motion for partial summary judgment in which it argued that the suit was time-barred...

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