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MILLER v. ROYAL NETHERLANDS STEAMSHIP COMPANY

No. 74-1237.

508 F.2d 1103 (1975)

Herbert MILLER, Plaintiff-Appellee, v. ROYAL NETHERLANDS STEAMSHIP COMPANY and West of England Shipowners Mutual Protection & Indemnity Association (Luxembourg), Defendants-Third-Party Plaintiffs-Appellants, Strachan Shipping Company, Third-Party-Defendant-Appellee and American Mutual Liability Insurance Company, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

February 28, 1975.

Attorney(s) appearing for the Case

George W. Healy III, New Orleans, La., for Royal Netherlands, etc.

William M. Kimball, New York City, for West of England Shipowners, etc.

Stuart A. McClendon, W. Frederick Denkman, Metairie, La., for Strachan Shipping Co. & American Mutual.

Bruce W. Dinwiddie, Stanley J. Jacobs, New Orleans, La., for Miller.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

CLARK, Circuit Judge.

The often lauded special verdict procedure of Fed.R.Civ.P. 49(a)1 creates the principal problem in this admiralty appeal. Plaintiff longshoreman, Herbert Miller, sued defendant, Royal Netherlands Steamship Company (Royal Netherlands), owner of the motorship ADONIS for injuries to Miller allegedly caused by Royal Netherlands' negligence and/or unseaworthiness of the ADONIS. Plaintiff also sued Royal Netherlands' insurer...

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