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HARRISON v. FLOTA MERCANTE GRANCOLOMBIANA, S. A.

No. 76-2822.

577 F.2d 968 (1978)

Grover HARRISON, Plaintiff-Appellee, v. FLOTA MERCANTE GRANCOLOMBIANA, S. A., Defendant-Third-Party Plaintiff-Appellee, JAMES J. FLANAGAN STEVEDORES, Third-Party Defendant-Fourth-Party Plaintiff-Appellee, v. ROHM AND HAAS COMPANY, Fourth-Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 3, 1978.

Attorney(s) appearing for the Case

John T. Golden, W. Ronald Robins, Houston, Tex., for fourth-party defendant-appellant.

John P. Forney, Jr., Houston, Tex., for J. J. Flanagan Stevedores.

Herman Wright, Houston, Tex., for G. Harrison.

Frank E. Caton, Houston, Tex., for Flota Mercante, etc.

Before TUTTLE, GEE, and FAY, Circuit Judges.

FAY, Circuit Judge:

On June 29, 1971, the plaintiff, Grover Harrison, was employed by James J. Flanagan Stevedores as a longshoreman aboard the freighter M/V Ciudad De Pasto, of Colombian registry and owned by Flota Mercante Grancolombiana, S.A. The freighter was moored at City Dock No. 4 in Houston, Texas, and was receiving cargo for shipment to Colombia. At approximately 2:15 p. m., a load of six 55 gallon barrels of the liquid chemical isobutyl acrylate (IBA)

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