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BRANIFF v. JACKSON AVE.-GRETNA FERRY, INC.

No. 18137.

289 F.2d 939 (1961)

Anita Laudin BRANIFF, Administratrix of the Estate of John Edward Braniff, Deceased and Matthew F. Belin, Administrator of the Estate of James L. Brown, Deceased, Appellants, v. JACKSON AVE.-GRETNA FERRY, INC., Appellee.

United States Court of Appeals Fifth Circuit.

May 26, 1961.

Attorney(s) appearing for the Case

Felicien Y. Lozes, Thomas J. Taylor, Howard J. Taylor, New Orleans, La., for appellants.

George B. Matthews, New Orleans, La., for appellee.

Before HUTCHESON, RIVES and BROWN, Circuit Judges.

PER CURIAM.

The forceful petition for rehearing misconceives the principal thrust of our decision. We do not hold that these employees were seamen. We hold only that under applicable substantive standards as to who is a seaman, the moving papers upon which summary judgment was sought and obtained gave rise to too many variable inferences. Consequently, there was a failure to demonstrate that there was no genuine issue as to any material fact. F.R.Civ.P. 56, 28 U.S...

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