PEYTAVIN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY

No. 71-2225 Summary Calendar.

453 F.2d 1121 (1972)

John L. PEYTAVIN, Plaintiff-Appellant, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 7, 1972.


Attorney(s) appearing for the Case

Lloyd R. Himel, Martin, Himel & Peytavin, Lutcher, La., for plaintiff-appellant.

Frank B. Hayne, III, Hammett, Leake & Hammett, New Orleans, La., for defendants-appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.


GEWIN, Circuit Judge:

Unable to demonstrate diversity jurisdiction, this plaintiff-appellant nevertheless seeks to sue in federal court for whiplash injuries sustained in a rearend car collision by invoking the district court's admiralty jurisdiction under a claim that the defendant's conduct amounted to a maritime tort. In his complaint, John L. Peytavin alleged that he was parked on a floating pontoon at a ferry landing in the Mississippi River waiting in line to...

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