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BYNUM v. PATTERSON TRUCK LINES, INC.

No. 80-3963 Summary Calendar.

655 F.2d 643 (1981)

Curtis T. BYNUM, Plaintiff-Appellant, v. PATTERSON TRUCK LINES, INC., Atchafalaya Industries, Inc., U. S. Steel Corporation and Ohio Barge Line, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

September 8, 1981.

Attorney(s) appearing for the Case

John P. Keegan, New Orleans, La., for plaintiff-appellant.

Waitz, Downer & Best, Huntington B. Downer, Jr., Houma, La., for Patterson.

Mouton, Roy, Carmouche, Bivins & Hill, Ralph E. Kraft, Lafayette, La., for Atchafalaya.

Burke & Mayer, Joseph P. Tynan, New Orleans, La., for U. S. Steel & Ohio Barge.

Before GEE, GARZA and TATE, Circuit Judges.

TATE, Circuit Judge:

The plaintiff Bynum appeals from the dismissal of his suit to recover from non-employer (i. e., third party) defendants for tortious injuries sustained at work on a barge. The sole issue raised by his appeal questions the district court's denial of a jury trial as sought by him.

Bynum now concedes that federal jurisdiction is based upon the maritime nature of the cause of action,1 28 U.S.C. § 1333(1)....

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