Opinion
Nos. 03-60358, 03-60557.
August 25, 2005.
Richard P. Salloum, Franke, Rainey Salloum, Gulfport, MS, Kenneth Raymond Flottman, Northrup Grumman Ship Systems, Ingalls Operations, Pascagoula, MS, for Ingalls Shipbuilding.
Ira Matthew Williamson, Miller Williamson, New Orleans, LA, for Federal Ins. Co.
Joe Edward Basenberg, Norman Matt Stockman, Hand Arendall, Mobile, AL, for Certified Emp. Services Inc.
John Anthoiny Scialdone, Balch Bingham, Gulfport, MS, for Transocean Offshore Inc.
Nancy Furey Peters, Nat. Fire Marine Ins. Co., Omaha, NE, for Nat. Fire Marine Ins, Co.
Harrison Henry Yoss, John Sepehri, Thompson, Coe, Cousins Irons, Dallas, TX, Karen Korff Sawyer, Bryant, Dukes Blakeslee, Gulfport, MS, for Nat. Union Fire Ins. Co. of Pittsburgh, PA.
Edward J. Currie, Jr., Currie, Johnson, Griffin, Gaines Myers, Jackson, MS, for MH Pyramid Inc.
William Mark Edwards, Mary Winter Van Slyke, Page, Mannino, Peresich McDermott, Biloxi, MS, for Craft Welding Contracting Co.
Appeals from the United States District Court for the Southern District of Mississippi; Walter J. Gex, III, Judge.
ON PETITION FOR REHEARING AND REHEARING EN BANC
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 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 That portion of our opinion is hereby deleted and withdrawn.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.