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GLORIA STEAMSHIP COMPANY v. SMITH

No. 23166.

376 F.2d 46 (1967)

GLORIA STEAMSHIP COMPANY, Inc., Respondent-Appellant, v. Jessie SMITH, Libellant-Appellee. GLORIA STEAMSHIP COMPANY, Inc., Respondent-Appellant, v. ATLANTIC & GULF STEVEDORES, INC., Third-Party Respondent-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 9, 1967.

Attorney(s) appearing for the Case

Leon Sarpy, J. Dwight LeBlanc, Jr., New Orleans, La., for respondent-appellant; Chaffe, McCall, Phillips, Burke, Toler & Hopkins, New Orleans, La., of counsel.

Harold J. Lamy, Guy Johnson, New Orleans, La., for libellant-appellee, Dodd, Hirsch, Barker & Meunier, New Orleans, La., of counsel.

Christopher Tompkins, New Orleans, La., for Atlantic & Gulf Stevedores, Inc., Deutsch, Kerrigan & Stiles, New Orleans, La., of counsel.

Before COLEMAN and DYER, Circuit Judges, and ESTES, District Judge.

DYER, Circuit Judge:

On August 15, 1960, appellee Smith was employed as a longshoreman by Atlantic & Gulf Stevedores, Inc. Atlantic was in charge of unloading the S.S. GLORIA DUNAIF, owned by appellant Gloria Steamship Company, Inc. Smith was instructed, in the course of his duties, to descend a ladder into the lower hold of the ship to remove a hatch board which had fallen into a cargo of grain. The ladder was permanently affixed to the interior structure of...

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