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BERNARD v. U. S. LINES, INCORPORATED

No. 72-2115.

475 F.2d 1134 (1973)

Claude BERNARD, Appellant, v. U. S. LINES, INCORPORATED, Appellee, v. RYAN STEVEDORING CO., INC. and the United States of America, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 13, 1973.

Attorney(s) appearing for the Case

Stuart V. Carter, Norfolk, Va. (Breit, Rutter, Montagna & Carter, Norfolk, Va., on brief), for appellant.

Daniel Lee Brawley, Wilmington, N. C. (Lonnie B. Williams and Marshall, Williams, Gorham & Brawley, Wilmington, N. C., on brief), for Ryan Stevedoring Co., Inc.

Ronald R. Glancz, Atty., U. S. Dept. of Justice (Harlington Wood, Jr., Asst. Atty. Gen., Thomas P. McNamara, U. S. Atty., E. D. N. C., and Morton Hollander, Atty., Dept. of Justice, on brief), for the United States.

Before HAYNSWORTH, Chief Judge, BUTZNER, Circuit Judge, and BRYAN, District Judge.

PER CURIAM.

We affirm the judgment for the reasons stated by the district court.

Claude Bernard, a longshoreman, brought this suit for pierside injuries caused by a land-based forklift owned by the United States while he was loading a ship. The injuries were not caused by the ship or its gear. Subsequently, the Supreme Court decided Victory Carriers v. Law, 404 U.S. 202, 92 S.Ct. 418, 30 L.Ed.2d 383 (1971), which Bernard concedes...

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