Whittington v. Overseas Bulk Tank

U.S. Court of Appeals for the Fifth Circuit

Whittington v. Overseas Bulk Tank

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_______________________

No. 96-31149

________________________

DOUGLAS R. WHITTINGTON, SR., JEAN WHITTINGTON, TONI WHITTINGTON & JUSTIN WHITTINGTON,

Plaintiffs-Appellants,

versus

OVERSEAS BULKTANK CORPORATION,

Defendant-Appellee. _________________________________________________________________

Appeal from the United States District Court for the Eastern District of Louisiana (94-CV-3851) _________________________________________________________________ March 26, 1998 Before JONES, SMITH, Circuit Judges, and SHAW, District Judge.1

PER CURIAM:2

Douglas R. Whittington, his wife, and their two children

appeal from the judgment in their action under the Longshoremen

Harbor Workers Compensation Act,

33 U.S.C. § 905

(b), against the

Overseas Bulktank Corporation for injuries Douglas Whittington

1 United States District Judge for the Western District of Louisiana, sitting by designation. 2 Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. sustained during the mooring of the M/V OVERSEAS ARCTIC at the

Murphy Oil Company Facility on the Mississippi River. The

Whittingtons contend that the district court’s factual findings are

clearly erroneous and that the district court applied the incorrect

legal standard to their case.

We have reviewed the briefs and the pertinent portions of

the record, and we find no reversible error. Accordingly, we

affirm for essentially the reasons relied upon by the district

court. See Whittington v. Overseas Bulk Tank, No. 94-CV-3851 (E.D.

La. June 18, 1996).

AFFIRMED.

2

Reference

Status
Unpublished