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THORNTON v. VICTORY CARRIERS, INCORPORATED

No. 9512.

338 F.2d 959 (1964)

John THORNTON, Otis Sumler, Charlie Harris, Roland Owens and H. Lee Kanter, Committee for York Bryant, Appellants, v. VICTORY CARRIERS, INCORPORATED, Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 16, 1964.

Attorney(s) appearing for the Case

Leonard B. Sachs and H. Lee Kanter, Norfolk, Va. (Kanter, Kanter & Sachs, Norfolk, Va., on brief), for appellants.

William B. Eley, Norfolk, Va. (Rixey & Rixey, Norfolk, Va., on brief), for appellee.

Before BOREMAN and BRYAN, Circuit Judges, and THOMSEN, District Judge.

THOMSEN, District Judge.

The five appellants herein and Claude Gainar, another longshoreman, filed six separate libels in rem against the SS Longview Victory, and in personam against her owner, Victory Carriers, Inc., claiming damages for injuries received from carbon monoxide while loading the vessel in the harbor of Hampton Roads. The vessel was not attached, but her owner was summoned, and impleaded Whitehall Terminal Corp., libelants' employer. The cases were...

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