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SOUTHARD v. INDEPENDENT TOWING COMPANY

No. 18471.

453 F.2d 1115 (1971)

John Elmer SOUTHARD, Administrator of the Estate of John Southard, Appellant, v. INDEPENDENT TOWING COMPANY et al.

United States Court of Appeals, Third Circuit.

Decided October 28, 1971.

As Amended December 10, 1971.

Attorney(s) appearing for the Case

Allen J. Beckman, Richter, Syken, Ross, Binder & O'Neill, Philadelphia, Pa. (B. Nathaniel Richter, Philadelphia, Pa., on the brief), for appellant.

Francis A. Scanlan, Kelly, Deasey & Scanlan, Philadelphia, Pa., for Independent Towing Co. and another.

C. A. Putz, Krusen, Evans & Byrne, Philadelphia, Pa., for Grammerstorf.

Before KALODNER, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge.

The primary issue presented is whether the District Court erred in directing jury verdicts in favor of the defendants, at the conclusion of plaintiffs' testimony, on its determination that plaintiff had failed to adduce "any" evidence of alleged unseaworthiness or negligence on the part of the defendants.

Also presented is the issue whether the District Court...

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