United States Court of Appeals REVISED OCTOBER 4, 2005 Fifth Circuit

IN THE UNITED STATES COURT OF APPEALS F I L E D August 25, 2005 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk No. 03-60358 _____________________

INGALLS SHIPBUILDING

Plaintiff - Appellant - Cross-Appellee v.

FEDERAL INSURANCE CO

Defendant - Appellee v.

TRANSOCEAN OFFSHORE INC

Cross-Appellant

----------------------------------------

NIGEL S BROUSSARD

Plaintiff v.

TRANSOCEAN OFFSHORE INC; ET AL

Defendants

TRANSOCEAN OFFSHORE INC

Defendant - Cross Defendant - Counter Claimant - Cross-Appellant v.

CERTIFIED EMPLOYEE SERVICES INC

Defendant - Appellee v. MH PYRAMID INC Defendant - Cross Claimant - Cross Defendant - Cross-Appellee and

CRAFT WELDING & CONTRACTING CO

Defendant - Cross Claimant - Counter Defendant - Cross-Appellee v.

INGALLS SHIPBUILDING

Appellant - Cross-Appellee

--------------------------------------- TRANSOCEAN OFFSHORE

Plaintiff - Appellee - Cross-Appellant v.

TUDOR INSURANCE CO; ET AL

Defendants

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA; NATIONAL FIRE & MARINE INSURANCE COMPANY

Defendants - Appellants - Cross-Appellees

_____________________

No. 03-60557 _____________________

INGALLS SHIPBUILDING

Plaintiff v.

FEDERAL INSURANCE COMPANY

Defendant

--------------------------------------------- TRANSOCEAN OFFSHORE

Plaintiff - Appellee v.

TUDOR INSURANCE COMPANY; ET AL

Defendants

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA; NATIONAL FIRE & MARINE INSURANCE COMPANY

Defendants - Appellants

--------------------- Appeals from the United States District Court for the Southern District of Mississippi ---------------------

ON PETITION FOR REHEARING AND REHEARING EN BANC

Before WIENER and PRADO, Circuit Judges, and LITTLE, District Judge.*

PER CURIAM:

The Petition for Rehearing filed by National Union Fire

Insurance Company of Pittsburgh, Pennsylvania (“National Union”)

is DENIED, and as no member of this panel nor judge in regular

active service on the court has requested that the court be

polled on rehearing en banc (FED. R. APP, P. AND 5TH CIR. R. 35),

the Petition for Rehearing En Banc is also DENIED.

The Petition for Panel Rehearing filed by National Fire &

Marine Insurance Company (“National Fire”) is GRANTED in part,

for the limited purpose of modifying the portion of our opinion

* District Judge for the Western District of Louisiana, sitting by designation. that remanded for the district court to re-determine the amount

of Transocean’s defense costs for which National Fire is

responsible. That portion of our opinion is hereby deleted and

withdrawn. Therefore, the district court’s original calculation

of the portion of Transocean’s defense costs for which National

Fire is obligated is AFFIRMED.