SMITH v. MASSMAN CONST. CO.

No. 78-3789 Summary Calendar.

607 F.2d 87 (1979)

Bobby Joe SMITH, Plaintiff-Appellant, v. MASSMAN CONSTRUCTION COMPANY and Travelers Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 19, 1979.


Attorney(s) appearing for the Case

Gerald Thos. LaBorde, New Orleans, La., for plaintiff-appellant.

Leach, Paysse & Baldwin, Michael A. Britt, New Orleans, La., for defendants-appellees.

Before CHARLES CLARK, GEE and HILL, Circuit Judges.


PER CURIAM:

This appeal raises the question of whether the district court erred in granting defendant's motion for summary judgment holding that the structure on which plaintiff allegedly was injured was not a vessel for purposes of the Jones Act, 46 U.S.C.A. § 688.

Appellant was working primarily as a welder on a structure known as a caisson when his alleged injury occurred. The caisson resembles a large topless steel box approximately 200 feet long...

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