BURNS v. ANCHOR-WATE CO.

No. 72-1470 Summary Calendar.

469 F.2d 730 (1972)

Robert M. BURNS, Plaintiff-Appellant, v. ANCHOR-WATE CO. and Brown and Root, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 9, 1973.


Attorney(s) appearing for the Case

W. D. Atkins, Jr., Lafayette, La., for plaintiff-appellant.

James Diaz, Lafayette, La., for Brown & Root, Inc.

Patrick A. Juneau, Jr., Lafayette, La., for Anchor-Wate Co.

Before JOHN R. BROWN, Chief Judge and GOLDBERG and MORGAN, Circuit Judges.


JOHN R. BROWN, Chief Judge:

On April 29, 1969, Harold Burns, an employee of Anchor-Wate, was fatally injured while tallying pipe aboard a barge owned by Brown and Root, Inc. Burns' father brought this survival action against his son's employer, Anchor-Wate, under the Jones Act, 46 U.S.C.A. § 688, and against Brown and Root, under the general maritime law on the theory that the barge was unseaworthy.

The District Court, at the close of Appellant's evidence...

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