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NICHOLS v. WEEKS MARINE, INC.

Civil Action No. 05-2603.

513 F.Supp.2d 627 (2007)

Cederic NICHOLS v. WEEKS MARINE, INC., et al.

United States District Court, E.D. Louisiana.

June 7, 2007.

Attorney(s) appearing for the Case

Randy Jay Ungar, George Warren Byrne, Jr., Gregory T. Discon, Ungar & Byrne,. New Orleans, LA, for Cederic Nichols.

James A. Cobb, Jr., Matthew F. Popp, Emmett, Cobb, Waits & Kessenich, New Orleans, LA, for Weeks Marine, Inc. and Atlantic Sounding Co., Inc.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

ELDON E. FALLON, District Judge.

I. Factual and Procedural History

This case arises out of injuries allegedly sustained by Plaintiff Cederic Nichols (the "Plaintiff") on or about November 7, 2004 while he was employed as a member of the crew of the M/V ALEXANDRIA, located at the time near Charleston, South Carolina. Specifically, the Plaintiff alleges that a cable become tangled or "birdnested...

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