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MANSON GULF v. MODERN AMERICAN RECYCLING

No. 17-30007.

878 F.3d 130 (2017)

MANSON GULF, L.L.C, Plaintiff v. MODERN AMERICAN RECYCLING SERVICE, INCORPORATED, Defendant. In re: In the Matter of Complaint of Manson Gulf, L.L.C., as Bareboat Charterer of the Barge Marmac 262, for Exoneration from or Limitation of Liability. Manson Gulf, L.L.C., as bareboat charterer of the barge Marmac 262, Petitioner-Appellee v. James LaFleur, Estate of; Angie LaFleur, Widow of James LaFleur and on behalf of minor children L.L., D.L., and B.L., Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 18, 2017.

Attorney(s) appearing for the Case

Michael H. Bagot, Jr. , Gerard Beauregard Gelpi, Esq. , Wagner, Bagot & Rayer, L.L.P., New Orleans, LA, for Petitioner-Appellee.

Kenneth David St. Pe' , Christopher T. Lee, Sr. , Lafayette, LA, for Claimant-Appellant.

Before REAVLEY, ELROD, and SOUTHWICK, Circuit Judges.

Longshoreman James "J.J." LaFleur fell 50 feet to his death after stepping through a hole in a decommissioned oil platform. The platform sat atop a barge chartered by Manson Gulf, L.L.C., who ordered the hole's creation but did not cover the hole or warn J.J. of its existence.

J.J.'s spouse alleged negligence on the...

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