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NOAH v. LIBERTY MUTUAL INSURANCE COMPANY

No. 17282.

265 F.2d 547 (1959)

Mrs. Gladys NOAH, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 10, 1959.

Attorney(s) appearing for the Case

Leo L. Dubourg, New Orleans, La., for appellant.

Patrick W. Browne, Jr., A. J. Waechter, Jr., New Orleans, La., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

The question before us is whether a longshoreman injured on navigable waters, or his dependent, may sue under the Louisiana Workmen's Compensation Act, LSA-R.S. of 1950, 23:1021 et seq. The district court held that the federal Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. § 901 et seq., applied and dismissed the suit. A majority of the Court (Chief Judge Hutcheson and Judge Cameron) is for reversal.

Melvin Noah...

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