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CROLEY v. MATSON NAVIGATION COMPANY

No. 29701.

439 F.2d 788 (1971)

Vera CROLEY, etc., Plaintiff-Appellant, v. MATSON NAVIGATION COMPANY et al., Defendants-Appellees. David E. BOULER, Plaintiff-Appellant, v. MATSON NAVIGATION COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 26, 1971.

Attorney(s) appearing for the Case

Warren L. Hammond, Jr., Richard Bounds, Cunningham, Bounds & Byrd, Mobile, Ala, for appellants.

W. Boyd Reeves, Theodore K. Jackson, Mobile, Ala., for appellee Matson Navigation Co.; Armbrecht, Jackson & DeMouy, Mobile, Ala., of counsel.

Before RIVES, WISDOM and GODBOLD, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

In our original opinion in this case, Croley v. Matson Navigation Co., 5 Cir. 1970, 434 F.2d 73, this Court held that the district court erred in granting Matson's motion for summary judgment. There we concluded that "[a] jury could reasonably find that Matson failed to warn ADDSCO's employees of the danger of explosions and that this constituted negligence." Id. at 76. On petition...

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