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HARRIS v. FLOTA MERCANTE GRANCOLOMBIANA, S.A.

No. 83-3382 Summary Calendar.

730 F.2d 296 (1984)

Herbert J. HARRIS, Sr., Plaintiff-Appellant, v. FLOTA MERCANTE GRANCOLOMBIANA, S.A., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 21, 1984.

Attorney(s) appearing for the Case

Abadie, Harang & Colvin, Charles B. Colvin, New Orleans, La., for plaintiff-appellant.

Terriberry, Carroll, Yancey & Farrell, Douglas P. Matthews, John A. Bolles, New Orleans, La., for defendants-appellees.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Herbert Harris, a longshoreman, appeals from a directed verdict in favor of defendant Flota Mercante Grancolombiana, S.A., owner of the M/V CUIDAD DE GUAYAQUIL. The trial court found Grancolombiana relieved from liability because cargo improperly loaded on the CUIDAD DE GUAYAQUIL caused Harris's injury and Harris knew of this obvious danger. We disagree with the district court's reading of 33 U.S.C. § 905(b) and reverse...

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