HUFF v. MARINE TANK TESTING CORP.

Nos. 79-1304, 79-1305.

631 F.2d 1140 (1980)

Richardo HUFF, Appellee, v. MARINE TANK TESTING CORPORATION, Appellee, and Edna D. Perry t/a Perry Welding Company, Defendant, and Allied Towing Corporation, Appellant. Richardo HUFF, Appellant, v. MARINE TANK TESTING CORPORATION; Edna D. Perry t/a Perry Welding Company; Allied Towing Corporation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 7, 1980.


Attorney(s) appearing for the Case

John B. King, Jr., Norfolk, Va. (Charles F. Tucker, Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief), for Allied Towing Corp.

Larry M. Topping, Newport News, Va., on brief, for Edna D. Perry; L. S. Parsons (Parsons & Steffen, Norfolk, Va., on brief), for Marine Tank Testing Corp.

Alan P. Owens, Norfolk, Va. (Smith & Owens, Norfolk, Va., on brief), for Richardo Huff.

Before HAYNSWORTH, Chief Judge, BUTZNER and RUSSELL, Circuit Judges.


HAYNSWORTH, Chief Judge:

The plaintiff suffered burns from a fire which erupted as he was performing welding work inside the tank of a tug boat owned by Allied Towing Corporation. Though Allied's insurer paid him the benefits due under the Longshoremen's and Harbor Workers' Compensation Act, he sued his nominal employer, Edna D. Perry, trading as Perry Welding Company, Allied and Marine Tank Testing Corporation, which had tested the tank for inflammable fumes the...

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