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ALABAMA DRY DOCK & SHIPBUILDING CO. v. KININESS

No. 76-2505.

554 F.2d 176 (1977)

ALABAMA DRY DOCK AND SHIPBUILDING CO., Petitioner, v. Frank KININESS and Director, Office of Workers' Compensation Programs, United States Department of Labor, Respondents.

United States Court of Appeals, Fifth Circuit.

June 16, 1977.

Attorney(s) appearing for the Case

W. Boyd Reeves, Mobile, Ala., for petitioner.

Richard F. Pate, Mobile, Ala., for Frank Kininess.

Laurie M. Streeter, Associate Sol., U. S. Dept. of Labor, Ronald E. Meisburg, Atty., U. S. Dept. of Labor, Linda L. Carroll, Dept. of Labor, Washington, D. C., for Director, Office of Workers' Compensation Programs.

Before MORGAN and RONEY, Circuit Judges, and KING, District Judge.

RONEY, Circuit Judge:

Alabama Dry Dock purchased a "Goliath" gantry crane from Holland and, before assembling it for use in shipbuilding, stored it on a back lot of the company's shipyard. Employee Frank Kininess, assigned the duty of sandblasting the disassembled crane to remove rust, fell from an elevated hopper and fractured his pelvis. He sought benefits under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C.A. §§ 901 et seq.,

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