JIMENEZ v. TUNA VESSEL GRANADA

No. 80-5748 Summary Calendar.

652 F.2d 415 (1981)

Gilberto JIMENEZ, Plaintiff-Appellee, v. The TUNA VESSEL "GRANADA," her engines, boilers, tackle, etc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A.

July 20, 1981.


Attorney(s) appearing for the Case

Lillick, McHose & Charles, Robert G. Dyer, San Diego, Cal., Woodrow De Castro, Panama City, Republic of Panama, for defendant-appellant.

David J. Kiyonaga, Balboa, Republic of Panama, for plaintiff-appellee.

Before GEE, RUBIN and RANDALL, Circuit Judges.


GEE, Circuit Judge:

Strict enforcement of a pretrial order, combined with decision of the issue of unseaworthiness on unpleaded grounds, denied procedural due process to the appellant in this case. Though it comes on in the twilight of our jurisdiction over the Canal Zone, we must reverse and remand for further proceedings.

Plaintiff Jimenez filed this action in rem on the admiralty side demanding recovery for back injuries claimed to have been sustained on...

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