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GAY v. OCEAN TRANSPORT & TRADING, LTD.

Nos. 75-2729 and 75-2441.

546 F.2d 1233 (1977)

Roosevelt GAY and Florence Gay, his wife, Plaintiffs-Appellants, v. OCEAN TRANSPORT & TRADING, LTD., Defendant-Appellee, Argonaut Insurance Company, a Foreign Corp., Intervenor. Elias G. GUERRA, Plaintiff-Appellant, v. BULK TRANSPORT CORP. et al., Defendants-Appellees, v. Texas Employers' Insurance Association, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearings and Rehearings Denied March 11, 1977.

Attorney(s) appearing for the Case

R. Thomas Farrar, William M. Alper, Miami, Fla., for plaintiffs-appellants.

Wm. B. Milliken, Miami, Fla., for defendant-appellee.

John R. Geraghty, Louis J. Gusmano, New York City, Ross M. Diamond, III, Mobile, Ala., E. D. Vickery, Houston, Tex., amicus curiae, for West Gulf Maritime Assoc.

Chas. W. Tullis, Houston, Tex., for E. G. Guerra.

James L. Walker, Houston, Tex., for Texas Employers', etc.

Joseph D. Cheavens, Houston, Tex., for Bulk Transport Corp.

Before COLEMAN, CLARK and TJOFLAT, Circuit Judges.

Rehearings and Rehearings En Banc Denied March 11, 1977.

TJOFLAT, Circuit Judge:

In each of these two cases a longshoreman in the employ of an independent stevedore sued the vessel on which he was working when injured. The cases present a common question: What standard of negligence is to be applied in suits brought against vessels under the amended Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901 et seq (Supp...

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