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CITY OF GALVESTON v. MIRANDA

No. 14369.

205 F.2d 468 (1953)

CITY OF GALVESTON v. MIRANDA et al.

United States Court of Appeals Fifth Circuit.

June 26, 1953.

Attorney(s) appearing for the Case

Williams & Thornton, E. H. Thornton, Jr., R. Richard Thornton, Bryan F. Williams, Galveston, Tex., for appellant.

Burris, Benton, Baker & Zwiener, F. Fox Benton, Houston, Tex., proctors for 48 libellant-appellees.

Barker & Barker, Armstrong, Bedford & Lambdin, Owen D. Barker, Griffith D. Lambdin, Galveston, Tex., proctors for 94 libellant-appellees.

Royston & Rayzor, M. L. Cook, Galveston, Tex., proctors for Texas Employers' Ins. Ass'n and another.

Before HUTCHESON, Chief Judge, and RUSSELL and STRUM, Circuit Judges.

HUTCHESON, Chief Judge.

Filed by numerous employees of Southern Stevedoring Co., Inc., who had become sick while trimming a cargo of grain, received from elevator B into holds 2 and 4 of the Steamship Lipscomb Lykes, the libel sought to recover from the City of Galveston, as owner and operator of the elevator, damages the libellants had sustained. Pleading many specific negligent acts and omissions and also res ipsa loquitur, the claim of the libel in substance...

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