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ROGERS v. GRACEY-HELLUMS CORP.

No. 30524.

442 F.2d 1196 (1971)

Samuel J. ROGERS, Plaintiff-Appellant Cross-Appellee, v. GRACEY-HELLUMS CORP. et al., Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 2, 1971.

Attorney(s) appearing for the Case

Donald G. Cave, Baton Rouge, La., for plaintiff-appellant.

Charles J. Hanemann, Jr., O'Neal, Henderson, Hanemann & Morris, Houma, La., for Gracey-Hellums Corp. and Argonaut Ins. Co.

Before JOHN R. BROWN, Chief Judge, and TUTTLE and THORNBERRY, Circuit Judges.

PER CURIAM:

This appeal from a judgment in favor of the "seaman" in this Jones Act case, based on allegations of negligence and unseaworthiness raises only fact questions. The successful plaintiff complains of the finding by the trial court that his "gross negligence" accounted for 66 2/3% of the cause of his serious injury. Negligence findings are peculiarly fact findings and they cannot be disturbed on appeal unless we conclude that they are clearly erroneous, or...

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