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KYZAR v. VALE DO RI DOCE NAVEGACAI, S. A.

No. 71-2702.

464 F.2d 285 (1972)

Joseph Henry KYZAR, Plaintiff-Appellant, v. VALE DO RI DOCE NAVEGACAI, S. A., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 11, 1972.

Attorney(s) appearing for the Case

Clifton S. Carl, New Orleans, La., for plaintiff-appellant.

Maurice C. Hebert, Jr., Charles E. Lugenbuhl, John A. Bolles, New Orleans, La., for defendant-appellee.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 11, 1972.

WISDOM, Circuit Judge:

This longshoreman's suit for personal injuries presents the question whether the district court properly instructed the jury on the difficult matter of operational negligence as unseaworthiness. Second-guessing jury instructions is tricky business, especially when the instructions require exposition of the law on a subject not clearly settled by the Supreme Court and this...

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