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WEEKS v. ALONZO COTHRON, INC.

No. 73-1095.

493 F.2d 538 (1974)

Evelyn WEEKS, surviving spouse of Norman Lee Weeks, Sr., deceased, Plaintiff-Appellant, v. ALONZO COTHRON, INC., Alonzo Cothron, S. A. Ekblom, Jr., and E. R. Albury, Jr., Defendants-Third Party Plaintiffs-Appellees, v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY and Matson Surety, Inc., Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 10, 1974.

Attorney(s) appearing for the Case

Oliver Wiley Folmar, Vacation Village, Fla., Oliver W. Brantley, Troy, Ala., Clinton Green, Miami, Fla., for plaintiff-appellant.

Duane Anderson, Miami, Fla., for third party plaintiff.

Thomas J. Schulte, Miami, Fla., for American Mut. Liability.

Melvyn G. Greensphan, Miami, Fla., for Matson Surety.

Jeanne Heyward, Miami, Fla., for Cothron and others and American Liability Ins. Co.

Before THORNBERRY, GODBOLD and CLARK, Circuit Judges.

GODBOLD, Circuit Judge:

This is the third appeal in this case, brought pursuant to the election provision1 of the Longshoremen's and Harbor Workers' Act, 33 U.S.C. §§ 901-950, against an employer-shipowner who failed to "secure payment of compensation as required."

The suit, alleging negligence, was brought by the widow in April 1969, for damages for the death, occurring in the navigable waters of Florida, of Norman Lee...

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