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WAGNER v. DELTA STEAMSHIP LINES, INC.

No. 72-1785 Summary Calendar.

465 F.2d 387 (1972)

Elliot WAGNER, Plaintiff-Appellant, v. DELTA STEAMSHIP LINES, INC., Defendant-Third Party Plaintiff-Appellee, T. Smith & Son, Inc., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 10, 1972.

Attorney(s) appearing for the Case

Darryl J. Tschirn, New Orleans, La., for plaintiff-appellant.

Andrew T. Martinez, New Orleans, La., for Delta Steamship Lines, Inc.

Maurice C. Hebert, Jr., New Orleans, La., for T. Smith & Son.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.

PER CURIAM:

Wagner appeals from a summary judgment by the District Court dismissing his suit for lack of jurisdiction. We affirm on the basis of recent controlling decisions by the Supreme Court.

Appellant, a longshoreman, filed this action against Delta Steamship Lines, Inc., claiming damages for physical injuries sustained as a result of Delta's negligence and the unseaworthiness of its vessel, the SS DELTA MEXICO. There is no diversity of citizenship between...

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