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WILES v. DELTA STEAMSHIP LINES, INC.

No. 76-3969.

574 F.2d 1338 (1978)

Frank WILES, Jr., Plaintiff-Appellant, v. DELTA STEAMSHIP LINES, INC., and Delta Argentina, her engine, tackle, furniture, and apparel, Defendants-Appellees, Employers National Insurance Co., Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

June 15, 1978.

Attorney(s) appearing for the Case

Arthur J. O'Keefe, New Orleans, La., for plaintiff-appellant.

Terrence C. Forstall, Douglas P. Matthews, New Orleans, La., for Employer's Nat. Ins. Co.

G. Edward Merritt, New Orleans, La., for defendants-appellees.

Before WISDOM, GOLDBERG and RUBIN, Circuit Judges.

PER CURIAM:

This suit for negligence against the owners of a vessel by a longshoreman who was injured while working aboard the ship is governed by the provisions of the LHWCA. 33 U.S.C. § 905(b). The able trial judge, to whom the case was presented without a jury, was not, unfortunately, able to foretell the future; subsequent to his decision, this court rendered several opinions that require a different standard to be used to determine negligence than those...

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