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DEAKLE v. JOHN E. GRAHAM & SONS

No. 84-7244.

756 F.2d 821 (1985)

Evan Lee DEAKLE, Jr., Plaintiff-Appellee, v. JOHN E. GRAHAM & SONS, a corp.; M/V Clara G., her engines, hull, tackle, cargo and appurtenances thereof, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied May 20, 1985.

Attorney(s) appearing for the Case

Robert H. Smith, Mobile, Ala., for defendants-appellants.

James E. Atchison, William B. Jackson II, Mobile, Ala., for plaintiff-appellee.

Before JOHNSON and HATCHETT, Circuit Judges, and LYNNE, District Judge.

Rehearing and Rehearing En Banc Denied May 20, 1985.

JOHNSON, Circuit Judge:

Appellee Evan Lee Deakle, Jr., brought this action against his former employer, appellant John E. Graham & Sons ("Graham"), seeking to recover for the personal injuries he sustained while captaining one of Graham's vessels. Deakle alleged that the vessel was unseaworthy due to the presence on the crew of a dangerous seaman who unexpectedly and without provocation assaulted him...

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