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ROBINSON v. SHOWA KAIUN K. K.

No. 71-2147 Summary Calendar.

451 F.2d 688 (1971)

John ROBINSON, Plaintiff-Appellant, v. SHOWA KAIUN K. K., Defendant, American Commercial Lines, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 29, 1971.

Attorney(s) appearing for the Case

E. Howard McCaleb, III, New Orleans, La., for plaintiff-appellant.

Fred E. Salley, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for American Commercial.

Richard J. Meunier, Meunier, Martin & Meunier, New Orleans, La., for Rogers Terminal & Shipping Corp.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GOLDBERG, Circuit Judge:

Appellant Robinson, a longshoreman, appeals from the granting of the ship owner's motion to dismiss pursuant to F.R.Civ.Pro. 50(a), contending that the district judge's conclusion that appellant's injury did not result from a "condition" of unseaworthiness was in error. We affirm the trial court's order of dismissal.

Robinson, an employee of Rogers Terminal & Shipping Corporation, was injured

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