Bourg v. Chevron Chemical Co

U.S. Court of Appeals for the Fifth Circuit

Bourg v. Chevron Chemical Co

Opinion

UNITED STATES COURT OF APPEALS For the Fifth Circuit

No. 95-30577 Summary Calendar

WALTER BOURG; DOROTHY BOURG,

Plaintiffs-Appellants,

VERSUS

CHEVRON CHEMICAL CO.,

Defendant-Appellee.

Appeal from the United States District Court For the Eastern District of Louisiana

November 3, 1995

Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:1

Bourg was an employee of an independent contractor working on

the fabrication of petroleum products storage tanks which were

being installed at a refinery facility of Chevron Chemical. During

the course of such work Bourg sustained an injury. On motion for

summary judgment filed by Chevron Chemical, the district court

1 Local Rule 47.5 provides: "The publication of opinions that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the Court has determined that this opinion should not be published. determined that the fabrication of petroleum storage tanks was part

of the regular trade, business or occupation of Chevron and that

Bourg was a statutory employee of Chevron. Accordingly, the

district court granted summary judgment for Chevron Chemical and

Bourg appeals.

We have carefully reviewed the briefs, the record excerpts and

the evidence tendered on motion for summary judgment. We are

satisfied that, for the reasons stated by the district court in its

Order and Reasons filed under date of March 4, 1995, the summary

judgment for Chevron Chemical was proper and correct.

AFFIRMED

2

Reference

Status
Unpublished