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DUPRE v. CHEVRON U.S.A., INC.

No. 93-3382 Summary Calendar.

33 F.3d 7 (1994)

Sharon S. DUPRE, Widow of Russell P. Dupre, individually and as natural tutrix of her minor child, Beau Nicholas Dupre, Plaintiff-Appellant, v. CHEVRON U.S.A., INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 9, 1994.

Attorney(s) appearing for the Case

Harvey J. Lewis, Lewis & Kullman, New Orleans, for appellant.

George Burton Jurgens, III, Milling, Benson, Woodward, Hillyer, Pierson & Miller, Len R. Brignac, New Orleans, LA, for appellee.

Before POLITZ, Chief Judge, JONES, Circuit Judge, and FULLAM, District Judge.

The petition for rehearing is DENIED and the court having been polled at the request of one of the members of the court, and a majority of the Circuit Judges who are in regular active service not having voted in favor of it (Fed.R.App.P. and Local Rule 35), the suggestion for rehearing en banc is also DENIED.

We did not set out to chart a new course in Louisiana jurisprudence in this appeal from the grant of summary judgment. We do not reject but fully accept the...

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