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WALKER v. SINCLAIR REFINING COMPANY

No. 13758.

320 F.2d 302 (1963)

Charles B. WALKER v. SINCLAIR REFINING COMPANY, Appellant.

United States Court of Appeals Third Circuit.

Reargued September 21, 1962.

Reargued April 4, 1963.

Decided July 18, 1963.

Attorney(s) appearing for the Case

William C. Schultz, Jr., Philadelphia, Pa. (Mark D. Alspach, Krusen, Evans & Byrne, Philadelphia, Pa., on the brief), for appellant.

S. Gerald Litvin, Philadelphia, Pa., (Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN, KALODNER, STALEY, HASTIE, GANEY and SMITH, Circuit Judges.

Reargued En Banc April 4, 1963.

GANEY, Circuit Judge.

The plaintiff, Charles B. Walker, brought suit in this civil action which arose on September 14, 1957, while the vessel, S.S. Samuel L. Fuller, was docked starboard side to a pier in Houston, Texas. At the time, the vessel was taking on a cargo of oil as well as certain supplies, including clean linen. While the plaintiff was engaged in this regular off-duty operation...

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