Hubert J. Dupre, Jr. v. Penrod Drilling Corporation, Defendant-Third Party v. Total Minatome Corporation, Third Party

EMILIO M. GARZA, Circuit Judge:

This case raises the issue of whether a contract for the supply and use of a vessel for drilling, completing, and tying-back oil wells, is maritime or nonmaritime. Total Minatome Corporation (“Minatome”) and Penrod Drilling Corporation (“Penrod”) agree that if the contract is nonmaritime, it is governed by Louisiana law and its indemnity provision is unenforceable. The parties also agree that if the contract is maritime, then the indemnity provision of the contract is governed by Texas law, pursuant to a choice-of-law provision in the contract. Minatome contends…