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ERWIN v. LYKES BROTHERS STEAMSHIP CO.

No. 72-2748. Summary Calendar.

472 F.2d 1217 (1973)

Joseph ERWIN, Plaintiff-Appellant, v. LYKES BROTHERS STEAMSHIP CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 28, 1973.

Attorney(s) appearing for the Case

Roger W. Jordan, John D. Ponder, Metairie, La., for plaintiff-appellant.

Robert M. Contois, Jr., Andrew T. Martinez, New Orleans, La., for defendant-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

THORNBERRY, Circuit Judge:

The only issue in this case, brought under the general maritime jurisdiction, is whether the SS LOUISE LYKES was "in navigation" at the time appellant, a shore-based worker assisting in repairs to the vessel, was injured. If she was not in navigation at the time, then her owner owed no warranty of seaworthiness to appellant, and the district court properly awarded judgment to the shipowner.

On the night of September 14, 1970, appellant...

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