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SMITH & KELLY CO. v. S/S CONCORDIA TADJ

No. 82-8594.

718 F.2d 1022 (1983)

SMITH & KELLY COMPANY, Plaintiff-Appellant, v. The S/S CONCORDIA TADJ, her engines, boilers, tackle, etc., A/S IDAHO and Christian Haaland, d/b/a Concordia Line, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 3, 1983.

Attorney(s) appearing for the Case

Robert S. Glenn, Jr., Jonathan D. Sprague, Savannah, Ga., for plaintiff-appellant.

George H. Chamlee, Savannah, Ga., for defendants-appellees.

Before JOHNSON and HENDERSON, Circuit Judges, and ALLGOOD, District Judge.

JOHNSON, Circuit Judge:

On April 4, 1978, while cleaning out a refrigerated hold aboard the S/S CONCORDIA TADJ ("the TADJ"), able-bodied seaman Luis Rafael Gonzales-Riveira was severely and permanently injured when he fell through an opening in one of the ship's hatch covers. The record clearly reflects that a series of negligent acts, omissions, and derelictions of duty committed by diverse parties over a period of approximately six months created the dangerous conditions...

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