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ALLEMAN v. OMNI ENERGY SERVICES CORP.

No. 08-30086.

580 F.3d 280 (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.

August 21, 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, P.L.L.C., New Orleans, LA, for W&T Offshore, Inc.

Before SMITH, GARZA and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

The petition for rehearing is DENIED in part and GRANTED in part as reflected in the substitute opinion filed today. We withdraw our previous opinion and substitute the following:

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...

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