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BYRD v. HEINRICH SCHMIDT REEDEREI

No. 78-3064.

688 F.2d 324 (1982)

Willie Mae BYRD, individually and as administratrix of the estate of Lawrence Byrd, deceased, Plaintiff-Appellant Cross-Appellee, v. HEINRICH SCHMIDT REEDEREI, a foreign corporation, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

September 22, 1982.

Attorney(s) appearing for the Case

Joel D. Eaton, Walter H. Beckham, Jr., Miami, Fla., Roger Vaughan, Wagner, Cunning, Vaughan & Genders, Tampa, Fla., for plaintiff-appellant cross-appellee.

Fowler, White, Gillen, Boggs, Villareal & Banker, Nathaniel G. W. Pieper, Dewey R. Villareal Jr., Tampa, Fla., for defendant-appellee cross-appellant.

Before GODBOLD, Chief Judge, BROWN, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, THOMAS A. CLARK and WILLIAMS, Circuit Judges.

ON REHEARING EN BANC

JOHN R. BROWN, Circuit Judge:

Willie Mae Byrd was the plaintiff in a third party action for the wrongful death of her husband, Lawrence Byrd, arising under the LHWCA, 33 U.S.C. §§ 901 et seq., and general maritime law. Mr. Byrd was killed when 3,000 pounds of cardboard cartons fell from the hold of a ship owned by the defendant, Heinrich Schmidt Reederei, and crushed his chest. At trial, the District Court denied Byrd...

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