PENA v. WEST

No. 23924.

376 F.2d 265 (1967)

Bartolo PENA, Jr., Appellant, v. C. M. WEST et al., Appellees. SOUTHWEST TEXAS AGENCY, INC., Appellant, v. Bartolo PENA, Jr., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 1, 1967.


Attorney(s) appearing for the Case

Bob J. Spann, Corpus Christi, Tex., McDonald & Spann, Corpus Christi, Tex., for appellants.

R. W. Woolsey, Corpus Christi, Tex., Kleberg, Mobley, Lockett & Weil, Corpus Christi, Tex., for appellees.

Before THORNBERRY, GOLDBERG and DYER, Circuit Judges.


PER CURIAM.

Bartolo Pena, a member of the crew of the vessel TYPHOON, suffered an injury to his back while ascending a passageway from the engineroom to the deck. Pena sued the vessel owner, Southwest Texas Agency, Inc. The District Court in a non-jury trial found that the vessel was seaworthy and that there was no negligence. The Court awarded Pena $3,450.00 for past and future maintenance and cure.

A careful review of the record convinces us that the findings...

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