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STARK v. SHELL OIL COMPANY

No. 71-1151.

450 F.2d 994 (1971)

Charles STARK, Plaintiff-Appellant-Cross Appellee, v. SHELL OIL COMPANY, Defendant-Appellee, v. HIGHLANDS INSURANCE COMPANY, Intervenor-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied November 19, 1971.

Attorney(s) appearing for the Case

L. G. Fant, Jr., Holly Springs, Miss., John P. Fox, Houston, Miss., for Charles Stark.

George Woodliff, Jackson, Miss., for intervenor.

Hassell H. Whitworth, Elizabeth W. Grayson, Jackson, Miss., for Shell Oil Co.

Before COLEMAN, SIMPSON and RONEY, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied November 19, 1971.

RONEY, Circuit Judge:

Charles Stark brought this diversity action against Shell Oil Company claiming that he had sustained personal injuries as a result of Shell's negligence. Highlands Insurance Company intervened to recover the benefits it had paid to Stark under the Longshoremen's and Harbor Workers' Compensation Act. 33 U.S.C. § 933.

After trial without a jury, final judgment...

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