Sharp v. Johnson Brothers Corp.

Full title: ERNEST D. SHARP, PLAINTIFF-APPELLANT, WAUSAU INSURANCE COMPANIES-PART I…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jan 17, 1991

923 F.2d 46 (5th Cir. 1991)

Opinion

No. 89-3764.

January 17, 1991.

Kevin A. Galatas, New Orleans, La., for Sharp.

Joseph B. Guilbeau, Dean A. Sutherland, Sutherland Juge, New Orleans, La., for Wausau Ins.-Part I.

Michael J. Maginnis, Timothy P. Hurley, McGlinchey, Stafford, Mintz, Cellinia Lang, New Orleans, La., for Johnson Bros. and St. Paul Fire Marine.

Robert B. Acomb, Jr., Richard D. Bertram, Jones, Walker, Waechter, Poitevent, Carrere Denegre, New Orleans, La., for Centennial Ins. Co.

Elizabeth H. Ryan, Wood Brown, III, Montgomery, Barnett, Brown, Read, Hammond Mintz, New Orleans, La., for Employers of Wausau-Part II.

Daniels Knowles, III, Wm. Daniel Wellons, Burke Mayer, New Orleans, La., for St. Paul Fire Marine.

Appeal from the United States District Court For the Eastern District of Louisiana; George Arceneaux, Jr., Judge.

Before GEE and DAVIS, Circuit Judges, and SMITH¹, District Judge.

1 District Judge of the Western District of Texas, sitting by designation.

ON PETITION FOR REHEARING [2] (Opinion November 21, 1990, 5th Cir. 1990, 917 F.2d 885)

PER CURIAM:

In its application for rehearing, Centennial Insurance Company argues that our reversal of the district court's summary judgment in Centennial's favor precludes it from raising additional defenses. To make it abundantly clear that this was not our intention, we amend footnote 4 in the opinion to read as follows:

Centennial may be able to require St. Paul to share these expenses as a co-insurer. The district court did not reach this issue, and we express no opinion on it or any other defense available to Centennial that was not presented to the district court.

The petition for rehearing is DENIED.