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STRACHAN SHIPPING COMPANY v. MELVIN

No. 19753.

327 F.2d 83 (1964)

STRACHAN SHIPPING COMPANY, Appellant, v. Tom MELVIN and Ponce Cement Corporation, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 3, 1964.

Attorney(s) appearing for the Case

Marion R. Shepard, Mathews, Osborne & Ehrlich, Jacksonville, Fla., for appellant.

Nathan Bedell, Louis Kurz, Jacksonville, Fla., Malcolm B. Rosow, New York City, Charles Kohlmeyer, Jr., New Orleans, La., E. D. Vickery, Houston, Tex., Bedell, Bedell & Dittmar, Jacksonville, Fla., for appellees, Standard, Weisberg & Harolds, New York City, of counsel,

Charles Kohlmeyer, Jr., New Orleans, La., E. D. Vickery, Houston, Tex., for T. Smith & Son, Inc., Walsh Stevedoring Co., Inc., and Texas Employer's Ins. Ass'n, amici curiae, Lemle & Kelleher, New Orleans, La., Royston, Rayzor & Cook, Houston, Tex., of counsel.

Before BROWN, GEWIN and BELL, Circuit Judges.

GEWIN, Circuit Judge.

Melvin was injured while performing services as a longshoreman on a ship. His employer Strachan, the appellant here, paid him $27,836.92 compensation and other benefits under the Longshoreman's Compensation Act.1 Melvin then employed an attorney to prosecute his claim against a third party tort feasor. The contract between Melvin and his attorney stated:

"It is hereby understood and agreed that I am to receive...

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