Shawnee International, N v. V. Hondo Drilling Company

POLITZ, Circuit Judge:

In this diversity jurisdiction action, Shawnee International, N.V., et al. (Shawnee) appeal the Fed.R.Civ.P. 12(b)(6) dismissal of their claims against Hondo Drilling Company for failure to state a claim upon which relief can be granted. Agreeing with the district court that Shawnee’s complaint failed to set forth a claim for relief cognizable under Texas substantive law, we affirm.

Facts

In 1982 Hondo was sued in a wrongful death action by the survivors of Preston J. Mallard who died of injuries sustained in the explosion of an air tank on Hondo’s drilling rig. Hondo…