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CAREY v. LYKES BROTHERS STEAMSHIP COMPANY, INC.

No. 71-3053 Summary Calendar.

455 F.2d 1192 (1972)

Hurklee CAREY, Plaintiff-Appellee, v. LYKES BROTHERS STEAMSHIP COMPANY, INC., et al., Defendants-Third-Party Plaintiffs-Appellees-Cross Appellants, v. RYAN STEVEDORING COMPANY, Inc., Third-Party Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

February 23, 1972.

Attorney(s) appearing for the Case

W. Boyd Reeves, T. K. Jackson, III, Mobile Ala., for appellant.

Ross Diamond, III, Mobile, Ala., for Carey.

John H. Tappan, Mobile, Ala., for Lykes.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Hurklee Carey (Carey) was employed by Ryan Stevedoring Company, Inc., (Ryan) as a longshoreman at Mobile, Alabama, on May 3, 1969, when he was ordered into the starboard deep tank of the vessel S.S. LOUISE LYKES, owned by the Lykes Brothers Steamship Company, Inc., (Lykes). While working in that tank Carey became unconscious and was taken to a hospital. Carey subsequently brought this action against Lykes on the theory that he had sustained...

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