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HERNANDEZ v. M/V RAJAAN

Nos. 85-2608, 87-2044.

841 F.2d 582 (1988)

Alejandro HERNANDEZ, Plaintiff-Appellee, v. M/V RAJAAN, Etc., and Dianella Shipping Corporation, Defendants-Third Party Plaintiff-Appellants, v. ISHIKAWAJIMA HARIMA HEAVY INDUSTRIES, LTD., Cargill, Inc., et al., Third Party Defendants-Appellees. Alejandro HERNANDEZ, Plaintiff-Appellee, v. M/V RAJAAN, Her Engines, Tackle, etc., in rem, and Dianella Shipping Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 30, 1988.

Attorney(s) appearing for the Case

Edward J. Hennessy, Helm, Pletcher, Hogan, Bowan & Saunders, Earl B. Austin, Baker & Botts, Houston, Tex., for Cargill, Inc.

David G. Matthiesen, Funderburk & Funderburk, Houston, Tex., for Langston Companies, Inc.

Stephen W. Hanks, Timothy H. Pletcher, Houston, Tex., for Hernandez.

Louis E. McCarter, Richard L. Lagarde, Houston, Tex., for Ishikawajima Harima Heavy Industries, Ltd.

Butler & Binion, Walker Beavers, Robert D. Arredondo, Houston, Tex., for Brazos River Harbor Navigation Dist.

Gray H. Miller, Fulbright & Jaworski, Houston, Tex., for Texas Employers' Ins. Ass'n.

John P. Forney, Jr., Houston, Tex., for Ohji Seiki-Kogyo Kabushiki.

Robert L. Adams, Houston, Tex., for Synthetic Industries, Inc.

Robert MacIntyre, Jr., Houston, Tex., for Euro Grain Trading, Ltd.

Edward J. Hennessy, Randall D. Wilkins, Houston, Tex., for Affiliated Rice Mills.

Before CLARK, Chief Judge, BRIGHT and POLITZ, Circuit Judges.

CLARK, Chief Judge:

The district court held a vessel owner liable to a longshoreman injured while loading palletized bags of rice into the vessel's cargo hold. We affirm that court's judgment of liability and portions of the damages awarded. We also affirm the rejection of the vessel owner's limitation of liability defense. We vacate, reverse or modify certain portions of the damages award we find to be erroneous.

On September 21, 1983, Alejandro Hernandez...

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