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FUTO v. LYKES BROS. S.S. CO., INC.

No. 83-3449.

742 F.2d 209 (1984)

Mrs. Maria Toth FUTO, Plaintiff-Appellant, Insurance Company of the State of Pennsylvania, Intervenor-Appellant, v. LYKES BROS. STEAMSHIP CO., INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Opinion on Rehearing November 19, 1984.

Attorney(s) appearing for the Case

Peter L. Hilbert, Jr., New Orleans, La., for intervenor-appellant.

Alonzo T. Stanga, III, William R. Mustian, III, Metairie, La., for Futo.

Terriberry, Carroll & Yancey, William E. Wright, New Orleans, La., for defendant-appellee.

Before POLITZ, WILLIAMS, and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

John Futo, a machinist employed by Dixie Machine Welding & Metal Works ("Dixie"), died as a result of a fall on October 7, 1977 aboard a vessel owned by the defendant, Lykes Brothers Steamship Company, Inc. ("Lykes"). Futo was covered under the Longshoremen's and Harbor Workers' Compensation Act ("LHWCA"), 33 U.S.C. §§ 901, et seq. His widow, alleging negligence on the part of the shipowner, sued Lykes as authorized under...

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