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STARK v. UNITED STATES

No. 25779.

413 F.2d 253 (1969)

Floyd A. STARK and Eldon R. Manshack, Appellants, v. UNITED STATES of America, Appellee, v. BOLAND MACHINE AND MANUFACTURING COMPANY, Inc.

United States Court of Appeals Fifth Circuit.

July 7, 1969.

Attorney(s) appearing for the Case

Frank S. Bruno, New Orleans, La., for appellants.

John C. Eldridge, Anthony W. Gross, Attys., Dept. of Justice, Edwin L. Weisl, Jr., Asst. Atty. Gen., Louis C. LaCour, U. S. Atty., Washington, D. C., Robert B. Deane, New Orleans, La., for appellee.

Before JOHN R. BROWN, Chief Judge, DYER, Circuit Judge and HUNTER, District Judge.

PER CURIAM:

This suit involves the liability of a shipowner (United States) for personal injuries sustained by employees of an independent contractor (Boland) while working inside the tanks of the U.S.S. KANKAKEE, as it was undergoing a complete overhaul and reactivation at Boland's docks in New Orleans. The United States had no control or supervision over the employees or the method of accomplishing the reactivation. The shipowner had neither possession nor control...

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