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ROBERSON v. N. V. STOOMVAART MAATSCHAPPIJ

No. 74-1582.

507 F.2d 994 (1975)

Charles ROBERSON, Plaintiff-Appellant, v. N. V. STOOMVAART MAATSCHAPIJ, Defendant-Third Party Plaintiff-Appellee, v. STRACHAN SHIPPING COMPANY, Third Party Defendant-Appellee, American Mutual Liability Insurance Company, Intervenor.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 21, 1975.

Attorney(s) appearing for the Case

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

William A. Ransom, III, New Orleans, La., for N. V. Stoomvaart.

Stuart A. McClendon, Richard L. Greenland, Metairie, La., for Strachan & Am. Mut. Liability.

Before GEWIN and SIMPSON, Circuit Judges, and NICHOLS, Associate Judge.

NICHOLS, Associate Judge:

This appeal presents the question whether a suit in admiralty, brought in a United States District Court on behalf of a longshoreman injured on board a vessel unloading at New Orleans, must be dismissed on motion under Louisiana Civil Code, Art. 2315, because counsel failed to move to substitute a living person within one year of the original plaintiff's death. Our answer is in the negative and, accordingly, we reverse.

The injury...

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