MILES v. M/V MISSISSIPPI QUEEN

No. 83-3601.

753 F.2d 1349 (1985)

Charles MILES, Plaintiff-Appellant, v. The M/V MISSISSIPPI QUEEN, et al., Defendants, The Delta Queen Steamboat Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 27, 1985.


Attorney(s) appearing for the Case

Birdsall, Rodriguez, Robelot & Nelson, Benj. A. Birdsall, Jr., Walt Robelot, New Orleans, La., for plaintiff-appellant.

Elizabeth Haecker Ryan, New Orleans, La., for defendant-appellee.

Before GOLDBERG, RUBIN, and JOHNSON, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

In a seaman's personal injury case the vessel owner refused to produce two pretrial statements made by the seaman despite the provision of Federal Rule of Civil Procedure 26(b)(3) that a party may obtain his own statement without showing any need for it. The district court refused to order that the rule be obeyed. Because the rule is mandatory, the court's failure to order production of the statements was erroneous. We hold, however...

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