TEXAS COMPANY v. GIANFALA

No. 15404.

222 F.2d 382 (1955)

The TEXAS COMPANY, Appellant, v. Mrs. Josie Kate GIANFALA, widow of Oscar J. Martin, et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 17, 1955.


Attorney(s) appearing for the Case

Ernest A. Carrere, Jr., and May & Carrere, New Orleans, La., for appellant.

Russell J. Schonekas and Tucker & Schonekas, New Orleans, La., for appellees, Mrs. Josie Kate Gianfala, Widow of Oscar J. Martin, et al.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and DAWKINS, District Judge.


HUTCHESON, Chief Judge.

Appellee, plaintiff below, the widow and administratrix of Oscar Martin, deceased, in life an employee of appellant, defendant below, sued as a first cause of action under the Jones Act, Section 688, 46 U.S.C.A., for the damages resulting from his death, and, in the alternative, and as a second cause of action, for workmen's compensation under the provisions of the Louisiana Revised Statutes of 1950, 23:1021 et seq.

The claim under...

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