RONALD J. DOMINGUE, ET AL., PLAINTIFFS,
v.
OCEAN DRILLING AND EXPLORATION COMPANY, DEFENDANT-APPELLEE, V. DIMENSIONAL OIL FIELD SERVICES, INC., DEFENDANT-APPELLANT
RONALD J. DOMINGUE, ET AL., PLAINTIFFS,
OCEAN DRILLING AND EXPLORATION COMPANY, DEFENDANT-APPELLEE, V. DIMENSIONAL OIL FIELD SERVICES, INC., DEFENDANT-APPELLANT
940 F.2d 117
Court of Appeals for the Fifth Circuit (1991)
Cited by 2 cases
Opinion of the Court
PER CURIAM:
In its petition for rehearing, Ocean Drilling and Exploration Company (ODECO) suggests that we “misapprehended the facts” in the case upon which we rely, Davis & Sons, Inc. v. Gulf Oil Corp., 919 F. 2d 313 (5th Cir.1990), “incorrectly interpreting that the [Davis] barge, Barge No. 11171 was ‘supplied’ with the services in question[,]” when it was in fact a Gulf barge. In Davis the Court found the contract to be maritime based on several factors. Prior to discussing the various factors as they apply to the instant case, we stated that Domingue was distinct from Davis in part because Dimensional “supplies no vessel as such when executing an ODECO work order.” Domingue, 923 F. 2d 393, 395 (5th Cir.1991).
ODECO appears to be correct in its assertion that the Davis barge was not supplied by the contractor but was a Gulf barge. This error does not change our analysis or result, however. Except as herein granted, the petition for rehearing is DENIED, and no member of this panel nor judge in regular active service having requested that the court be polled on rehearing en banc (F.R.App.P. 35 and Fifth Cir.Loe.R. 35), the suggestion for rehearing en banc is DENIED.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ceres Gulf and Esis/INA v. Cleaster Cooper, 957 F.2d 1199 (5th Cir. 1992)
-
Cajun Elec. Power Coop., Inc. v. Gulf States Utils., Inc., 948 F.2d 173 (5th Cir. 1991)
Authorities Cited
- Davis & Sons, Inc. v. Gulf OIL Corp., 919 F.2d 313 (5th Cir. 1990)
- Domingue v. Ocean Drilling & Exploration Co., 923 F.2d 393 (5th Cir. 1991)