Foster v. Lykes Bros. S.S. Co., 368 F.2d 326 (5th Cir. 1966)
368 F.2d 326
US-DOC-21110456
locator
Case details
Bluebook Citation
Foster v. Lykes Bros. S.S. Co., 368 F.2d 326 (5th Cir. 1966)
Full caption
Will FOSTER, Appellant, v. LYKES BROS. STEAMSHIP COMPANY, Inc., et al., Appellees.
Country
United States
Jurisdiction
Federal
Court
5th Cir.
Decided
Nov. 4, 1966
Disposition
Affirmed
No. 23120.
Nov. 4, 1966.
Rehearing Denied Dee. 12, 1966.
Charles R. Maloney, New Orleans, La., for appellant.
James L. Schupp, Jr., William E. Wright, New Orleans, La., for appellees. Terriberry, Rault, Carroll, Yancey & Farrell, New Orleans, La., of counsel.
Before THORNBERRY and COLEMAN, Circuit Judges, and YOUNG, District Judge.
PER CURIAM.
This is a suit in admiralty by a longshoreman for injuries sustained aboard p. 327a vessel of the defendants while it was being loaded at a wharf in New Orleans. Appellant has received the compensation due him under the Longshoremen’s and Harbor Workers’ Compensation Act, but further contends that he is entitled to recovery because the vessel was unseaworthy. The District Court granted summary judgment for the defendant.
Careful consideration of the record, including the deposition of the plaintiff, reveals no indication of unseaworthiness and that there was no genuine issue of fact thereasto. We must affirm. Admiralty Rule 58; Neal v. Lykes Bros. Steamship Co., 5 Cir., 1962, 306 F.2d 313; McQuiston v. Freighters and Tankers Steamship Company, 5 Cir., 1964, 327 F.2d 746.
Affirmed.