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MARTINEZ v. DIXIE CARRIERS, INC.

No. 74-3311.

529 F.2d 457 (1976)

Juanita C. MARTINEZ et al., Plaintiffs, v. DIXIE CARRIERS, INC., et al., Defendants-Appellees, v. E. I. DuPONT de NEMOURS & COMPANY, INC., Defendant-Appellant-Cross Appellee, v. WILSCO, INC., Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

March 29, 1976.

Attorney(s) appearing for the Case

Alfred L. Deaton, III, Michael Wood, Frank E. Caton, Houston, Tex., for E. I. DuPont de Nemours & Co.

Howell E. Stone, Alice Giessel, Dudley Oldham, Houston, Tex., for Wilsco, Inc.

Jon Montague, Houston, Tex., for Dixie Carriers.

V. W. McLeod, Galveston, Tex., for E. W. Saybolt & Co.

Benton Musslewhite, Houston, Tex., for J. C. Martinez.

Before GOLDBERG and AINSWORTH, Circuit Judges, and NICHOLS, Associate Judge.

AINSWORTH, Circuit Judge:

This multiparty suit in admiralty grows out of the death of a shore-based worker performing services in Texas City, Texas, on a barge used to transport benzene and similar cargoes. On March 1, 1972,1 Joseph Martinez was overcome by noxious fumes while he was engaged in stripping a barge (the B-29) liquid free. The B-29 had been used to transport Hytrol-D, a petrochemical mixture containing a substantial concentration...

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