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NELSON v. JACKSONVILLE SHIPYARDS, INC.

No. 30753 Summary Calendar.

440 F.2d 668 (1971)

Louis Paul NELSON, Plaintiff-Appellee, v. JACKSONVILLE SHIPYARDS, INC., Defendant-Third-Party Plaintiff-Appellant, v. BABCOCK & WILCOX COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 13, 1971.

Attorney(s) appearing for the Case

John E. Houser, Jacksonville, Fla., for Jacksonville Shipyards, Inc.

Nathan Bedell, E. Earle Zehmer, for plaintiff-appellee; Bedell, Bedell, Dittmar, Smith & Zehmer, Jacksonville, Fla., of counsel.

George Stellies, Jr., Marks, Gray, Conroy & Gibbs, Jacksonville, Fla., for Babcock & Wilcox Company.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

PER CURIAM:

Jacksonville Shipyards, Inc., appeals from a judgment of the district court entered in favor of Louis Paul Nelson and Babcock & Wilcox Company. We affirm.

Nelson, an employee of Babcock & Wilcox, was injured during a hydrostatic test of a boiler on board a power barge that Jacksonville Shipyards had undertaken to repair. A "blind nipple"1 blew out and struck him in the leg.2 In Nelson...

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