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DIAZ v. WESTERN VENTURES, INC.

No. 71-3458.

467 F.2d 1361 (1972)

Manuel DIAZ, Plaintiff, v. WESTERN VENTURES, INC., etc., Defendant-Third-Party Plaintiff-Appellant, v. DADE DRYDOCK CORPORATION, etc., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 19, 1972.

Attorney(s) appearing for the Case

William C. Lewis, Jr., Miami, Fla., for appellant.

Jesse W. Miller, Miami, Fla., for appellee.

John H. Lewis, Miami, Fla., for plaintiff Diaz.

Before WISDOM and INGRAHAM, Circuit Judges, and BOOTLE, District Judge.

INGRAHAM, Circuit Judge:

Plaintiff Manuel Diaz sued defendant shipowner, Western Ventures, Inc., for personal injury and lost income. The defendant filed a third party action over and against plaintiff's employer, Dade Drydock Corporation, for indemnity. The case was tried to the court without a jury.

Diaz, a ship repairman, sustained injuries aboard a vessel undergoing repairs in Dade's drydock compound. Believing that he had been aboard the M/V Western Venturer...

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