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SIMON v. M/V HIALEAH

No. 28173 Summary Calendar.

431 F.2d 867 (1970)

John Emory SIMON, Plaintiff-Appellant, v. The M/V HIALEAH, her engines, tackle, apparel, etc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 18, 1970.

Attorney(s) appearing for the Case

John L. Fulbright, Beaumont, Tex., John T. Lindsey, Port Arthur, Tex., for plaintiff-appellant.

O. J. Weber, Jr., Beaumont, Tex., for defendant-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

Plaintiff John Emory Simon filed this suit against the M/V HIALEAH under Rule 9(h), Fed.R.Civ.P., seeking damages for personal injuries sustained on or about March 15, 1964, allegedly caused by "the negligence of said vessel and the unseaworthiness of the same." The vessel filed a motion to dismiss, pleading res judicata and laches. The district court granted the motion, and we affirm.

With regard to the defense of res judicata, the district court...

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