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EMPIRE SEAFOODS, INC. v. ANDERSON

No. 24536.

398 F.2d 204 (1968)

EMPIRE SEAFOODS, INC., Appellant-Appellee, v. Carl R. ANDERSON et al., Appellees-Appellants. Carl R. ANDERSON and Gerritt A. Gates, Appellants-Appellees, v. EMPIRE SEAFOODS, INC., Appellee-Appellant. CLEARY BROS. CONSTRUCTION COMPANY, Appellant-Appellee, v. EMPIRE SEAFOODS, INC., et al., Appellees-Appellants.

United States Court of Appeals Fifth Circuit.

As Modified on Rehearing Denied June 27, 1968.

Rehearing Denied July 30, 1968.

Certiorari Denied December 9, 1968.

Attorney(s) appearing for the Case

Richard F. Ralph, Harry W. Lawrence, Miami, Fla., Ralph & Anderson, Miami, Fla., of counsel, for appellant.

Roland R. Parent, Smathers & Thompson, Miami, Fla., Attorneys for Appellant-Appellee, Cleary Bros. Construction Company, for Cleary Bros.

Robert E. Hathaway, Sam D. Phillips, Phillips & Hathaway, West Palm Beach, Fla., for appellees Carl R. Anderson and Gerritt A. Gates.

Before JONES, WISDOM and DYER, Circuit Judges.

As Modified on Rehearing and Rehearing En Banc Denied June 27, 1968.

Rehearing En Banc Denied July 30, 1968.

Certiorari Denied December 9, 1968. See 89 S.Ct. 449.

DYER, Circuit Judge:

Because the tip of the starboard outrigger of Empire's1 shrimper "Bora Bora" struck the leaf of a bascule bridge under construction by Cleary, which spanned the channel of the Florida Intercoastal Waterway, the manual crank used to...

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