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GRAND ISLE SHIPYARD, INC. v. SEACOR MARINE, LLC

No. 07-31019.

589 F.3d 778 (2009)

GRAND ISLE SHIPYARD, INC.; Gray Insurance Company, Plaintiffs-Appellees, v. SEACOR MARINE, LLC, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 8, 2009.

Attorney(s) appearing for the Case

Robert S. Reich (argued), Reich, Album & Plunkett, L.L.C., Metairie, LA, for Plaintiffs-Appellees.

Gary Alan Hemphill, Trial Atty. (argued), Phelps Dunbar, L.L.P., New Orleans, LA, for Defendant-Appellant.

Before JONES, Chief Judge, and KING, JOLLY, DAVIS, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK and HAYNES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

I.

The question presented by this appeal is what law governs the resolution of a contractual dispute, here enforceability of an indemnity provision, when the act or omission that causes the underlying death, bodily injury, or property damage (hereafter, the "tort") which triggered the contractual indemnity claim occurred on navigable water on the Outer Continental Shelf ("OCS"), but the contract that creates the indemnity...

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