HALL v. AETNA CAS. AND SUR. CO.

No. 78-1880.

617 F.2d 1108 (1980)

Herbert HALL, Plaintiff-Appellee, v. AETNA CASUALTY AND SURETY CO., etc. et al., Defendants-Appellants, Employers National Insurance Company, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

May 19, 1980.


Attorney(s) appearing for the Case

Daniel A. Pike, Mobile, Ala., for defendants-appellants.

Diamond, Lattof & Gardner, Ross Diamond, III, Mobile, Ala., for Herbert Hall.

W. Boyd Reeves, Douglas L. Brown, Mobile, Ala., for Employers Nat'l Ins. Co.

Before GEE, FAY and VANCE, Circuit Judges.


VANCE, Circuit Judge:

On October 17, 1975, Herbert Hall, a longshoreman employed by Cooper Stevedoring Company, Inc., was working on board the S.S. Oriental Banker while the vessel was moored at the Alabama State Docks. An employee of the state docks negligently dropped a load of scrap iron into the hold of the vessel and seriously injured Hall.

Hall sued Aetna Casualty and Surety Co. as the docks' insurer under the direct action statute found in section 33...

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