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.