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AVONDALE SHIPYARDS, INC. v. DONOVAN

No. 18695.

293 F.2d 51 (1961)

AVONDALE SHIPYARDS, INC., Appellant, v. P. J. DONOVAN, Deputy Commissioner Seventh Compensation District, Bureau of Employees' Compensation, U. S. Department of Labor, and Minus Aizen, Appellees.

United States Court of Appeals Fifth Circuit.

July 13, 1961.

Attorney(s) appearing for the Case

Charles Kohlmeyer, Jr., H. Martin Hunley, Jr., New Orleans, La., Lemle & Kelleher, New Orleans, La., of counsel, for appellant.

Francis G. Weller, Asst. U. S. Atty., Samuel C. Gainsburgh, Raymond H. Kierr, New Orleans, La., Morton Hollander and David L. Rose, Attys., Dept. of Justice, Washington, D. C., Herbert P. Miller, Asst. Sol., Dept. of Labor, Washington, D. C., William H. Orrick, Jr., Asst. Atty. Gen., M. Hepburn Many, U. S. Atty., New Orleans, La., for appellees.

Before CAMERON, BROWN, and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This case presents for decision the identical question this day decided in Travelers Ins. Co. v. Calbeck, Deputy Commissioner, 5 Cir., 1961, 293 F.2d 52, whether injuries received by a person working on an uncompleted vessel, launched and afloat but still under construction, are covered under the State or the Federal Longshoremen's Act.

The facts are not significantly different. The employer,...

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