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ROGERS v. UNITED STATES

No. 31000.

452 F.2d 1149 (1971)

Cecil D. ROGERS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Third-Party Plaintiff-Appellee, v. JACKSONVILLE SHIPYARDS, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 9, 1972.

Attorney(s) appearing for the Case

Billy J. Sanders, Sanders & Sanders and Waldman & Smallwood, Ned Johnson, Beaumont, Tex., Robert M. Smith, Jr., Jacksonville, Fla., for plaintiff-appellant.

Raymond D. Battocchi, Atty., Dept. of Justice, Washington, D. C., U. S. Atty., Jacksonville, Fla., Alfred H. O. Boudreau, Jr., Admiralty & Shipping Section, L. Patrick Gray, III, Asst. Atty. Gen., John L. Briggs, U. S. Atty., Morton Hollander, Michael C. Farrar, Dept. of Justice, Washington, D. C., for plaintiff-appellee.

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

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

This is an appeal from the district court's judgment based upon a determination that a warranty of seaworthiness did not extend to a shipyard pipefitter who was injured while working aboard a ship that had just come out of drydock. We reverse.

The USNS REDSTONE, a government missile tracking ship, arrived at the Jacksonville Shipyards under its own power on May 11, 1968, for minor repairs and...

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