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GARCIA v. MURPHY PACIFIC MARINE SALVAGING COMPANY

No. 72-3516 Summary Calendar.

476 F.2d 303 (1973)

Eloy Pedro GARCIA, Plaintiff-Appellant, v. MURPHY PACIFIC MARINE SALVAGING COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 9, 1973.

Attorney(s) appearing for the Case

Bruce C. Waltzer, George F. Riess, New Orleans, La., for plaintiff-appellant.

L. J. Lautenschlaeger, Jr., New Orleans, La., for defendant-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

DYER, Circuit Judge.

Garcia, a crew member of the M/V Cable, sued the owner, Murphy Pacific, for personal injury damages under the Jones Act, 46 U.S.C.A. § 688, and under the Doctrine of Seaworthiness of the general maritime law. The jury returned a verdict for Murphy Pacific. The district court denied Garcia's motion for new trial and judgment N.O.V. We affirm.

For about a week Garcia had been assisting Fuquay, another crew member, in splicing cable...

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