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LUNDY v. LITTON SYSTEMS, INC.

No. 79-1061.

624 F.2d 590 (1980)

Alvin L. LUNDY, Plaintiff-Appellant, v. LITTON SYSTEMS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 8, 1980.

Attorney(s) appearing for the Case

Bobby G. O'Barr, Biloxi, Miss., for plaintiff-appellant.

Karl Wiesenburg, French Caldwell, Pascagoula, Miss., for defendant-appellee.

Before GOLDBERG, TATE, and SAM D. JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 8, 1980.

PER CURIAM.

On July 1, 1976, plaintiff-appellant, Alvin L. Lundy, who is a meter calibrator, was working on the USS Hewitt, DD-966, when he fell through an escape hatch which had been left open by one of the ship's crew. At the time of the accident, the USS Hewitt, undergoing construction and preparations for sea trials, was 97% complete and moored in an outfitting dock. To recover for his injuries, appellant...

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