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WARNER v. FISH MEAL CO.

No. 75-2650.

548 F.2d 1193 (1977)

John WARNER, Jr., Plaintiff-Appellee, v. FISH MEAL COMPANY, and/or Alewise, Inc., as owner of the M/V LaSALLE and the M/V LaSALLE, Defendants Third-Party Plaintiffs-Appellants, Southern Protein Co. et al., Third-Party Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 18, 1977.

Attorney(s) appearing for the Case

Wood Brown, III, New Orleans, La., for Southern Protein and others.

Wilson M. Montero, Jr., New Orleans, La., for plaintiff-appellee.

Before MORGAN and FAY, Circuit Judges, and HUNTER, District Judge.

PER CURIAM:

John Warner was injured on February 21, 1972 while at work on a vessel afloat in navigable waters. He instituted this suit, contending that his injuries were caused by the unseaworthy condition of the vessel. The district court found for Warner and this appeal was taken. We affirm.1

The critical inquiry is whether the MV LaSALLE was "in navigation." If she was not, then her owner owed no warranty of seaworthiness to...

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