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PHIPPS v. S.S. SANTA MARIA

No. 26811 Summary Calendar.

418 F.2d 615 (1969)

Henry PHIPPS, Libellant-Appellant, v. The S.S. SANTA MARIA, etc., et al., Respondents-Appellees.

United States Court of Appeals Fifth Circuit.

November 19, 1969.

Attorney(s) appearing for the Case

James A. Wysocki, John R. Martzell, New Orleans, La., for libellant-appellant.

T. C. W. Ellis, Charles G. Merritt, Edward P. Jerry, New Orleans, La., for respondents-appellees.

Before JOHN R. BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Here the claimant, a longshoreman at the Port of New Orleans, was injured while working in the lower hold of S.S. Santa Maria while she was being loaded with bulk grain.1 The hatch boards had been removed leaving the hatch beams of the tween deck exposed. A mechanical grain trimmer was lowered and raised through these spaces from time to time as loading went on. Throughout the ship the locking devices to secure...

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