CAVALIER v. T. SMITH AND SON, INC.

No. 81-3143 Summary Calendar.

668 F.2d 861 (1982)

Martin CAVALIER, Plaintiff-Appellant, v. T. SMITH AND SON, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 13, 1982.


Attorney(s) appearing for the Case

George J. Kambur, New Orleans, La., for plaintiff-appellant.

Thomas W. Thorne, Jr., New Orleans, La., for T. Smith & Son and Employers Nat. Ins. Co.

Before RUBIN, SAM D. JOHNSON and GARWOOD, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

A longshoreman injured by the negligence of the crew of a vessel may sue the owner of the vessel even though the owner is also his employer, liable to him for compensation under the Longshoremen's and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901-950 (1976 & Supp. III 1979). Smith v. M/V Captain Fred, 546 F.2d 119, 122-23 (5th Cir. 1977). In this case the district...

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