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MITCHELL v. SCHEEPVAART MAATSCHAPPIJ TRANS-OCEAN

No. 76-3611.

579 F.2d 1274 (1978)

Price MITCHELL, Jr., Plaintiff-Appellant, v. SCHEEPVAART MAATSCHAPPIJ TRANS-OCEAN et al., Defendants, Employers National Insurance Company, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

September 14, 1978.

Attorney(s) appearing for the Case

Ross Diamond, III, Mobile, Ala., for plaintiff-appellant.

W. Boyd Reeves, Mobile, Ala., for intervenor-appellee.

Before WISDOM, THORNBERRY and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Counsel filed and successfully settled an injured longshoreman's third-party negligence claim against the owner of the ship on which the longshoreman was injured, 33 U.S.C. §§ 905(b), 933(a); this resulted in complete recovery of the compensation previously paid by the employer to the plaintiff under the Longshoremen's and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901, et seq. The plaintiff, on...

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