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BOUDREAUX v. TRANSOCEAN DEEPWATER, INC.

No. 12-30041.

721 F.3d 723 (2013)

Wallace BOUDREAUX, Plaintiff-Appellant v. TRANSOCEAN DEEPWATER, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 12, 2013.

Attorney(s) appearing for the Case

Wynn E. Clark, Esq. , Gulfport, MS, Paul Maury Sterbcow, Esq. , General Attorney, Lewis, Kullman, Sterbcow & Abramson, New Orleans, LA, Christopher Collins Van Cleave , Attorney, Corban Gunn & Van Cleave, Biloxi, MS, for Wallace Boudreaux, Plaintiff-Appellant.

John Anthony Scialdone, Esq. , Todd Gregory Crawford, Esq. , John Steven Garner, Esq. , Fowler Rodriguez Valdes-Fauli , Gulfport, MS, for Transocean Deepwater, Incorporated, Defendant-Appellee.

Before HIGGINBOTHAM, CLEMENT, and HAYNES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Our prior opinion is vacated and withdrawn, and this opinion is substituted in its place.1 This case presents the question of whether a Jones Act employer who successfully establishes a defense to liability for further maintenance and cure under McCorpen v. Central Gulf Steamship Corp.2 is thereby automatically entitled to restitution for benefits already paid...

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