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

Civ. A. No. 85-1473.

626 F.Supp. 120 (1985)

Bernell RAY and Amanda Ray v. LYKES BROS. STEAMSHIP CO., INC., et al. In the Matter of LYKES BROS. STEAMSHIP CO., INC., as Owner of the SEABEE BARGE LY-170, Petitioning For Exoneration From or Limitation of Liability.

United States District Court, E.D. Louisiana.

December 13, 1985.

Attorney(s) appearing for the Case

Terriberry, Carroll & Yancey, William E. Wright, New Orleans, La., for Lykes Bros.

Lemle, Kelleher, Kohlmeyer, Hunley, Moss & Frilot, Douglas F. Matthews, New Orleans, La., for Ryan-Walsh Stevedoring Co., Inc. and Employers Nat. Ins. Co.

Joseph W. McKearn, New Orleans, La., for Bernell Ray and Amanda Ray.

OPINION

ARCENEAUX, District Judge.

This court is called upon to determine whether a claim for the recovery of compensation payments made by a stevedore's compensation insurer to an injured longshoreman pursuant to 33 U.S.C. § 904 constitutes a cause of action separate and apart from the longshoreman's claim against the shipowner.

This Court firmly concludes that in the present posture of these proceedings they present only a "single claim."...

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