In Re: Atlas Erection Company and Reliance Insurance Company, applying for Writ of Certiorari, to the Civil District Court, Parish of Orleans, Number 77-8883, Section K; Fourth Circuit Court of Appeal, Number C-1022

Granted. Judgment of the court of appeal is reversed. Case is remanded to the court of appeal to reconsider the petition for supervisory writs of the Board of Commissioners of the Port of New Orleans. If a writ is granted, there shall be briefing, argument and an opinion prior to disposition.

would grant. The court of appeal was without jurisdiction. The case had been removed to federal court when the judgment was rendered. Plaintiff, employed by the Corps, assisted the contractor hired by Dock Board to modify locks, was injured when the Dock Board’s crane broke during a test of the lock dam. Of course the Dock Board had the statutory authority to operate and maintain, but it did not. It contracted this out, as Exxon did, and was not engaged in the business of operating and modifying the lock at the time of the accident.