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MILES v. MELROSE

No. 88-3325.

882 F.2d 976 (1989)

Mercedel W. MILES, Individually and as Administratrix of the Succession of Ludwick Adam Torregano, Plaintiff-Appellant, Cross-Appellee, v. Clifford A. MELROSE, et al., Defendants, Apex Marine Corp., Westchester Marine Shipping Co., Inc., and Archon Marine Co., Defendants-Third Party Plaintiffs-Appellees, Cross-Appellants. AERON MARINE COMPANY, Defendant-Appellee, v. SEAFARERS INTERNATIONAL UNION, ATLANTIC, GULF, LAKES, AND INLAND WATERS DISTRICT, AFL-CIO, Defendant-Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 11, 1989.

Attorney(s) appearing for the Case

Allain F. Hardin, New Orleans, La., for Mercedel W. Miles.

Gerard T. Gelpi and Randall C. Coleman, III, New Orleans, La., for Apex Marine Corp., et al.

William Lurve and Louis L. Robein, Jr., Metaririe, La., for Seafarers Intern. Union.

Before RUBIN, POLITZ and JOHNSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 11, 1989.

ALVIN B. RUBIN, Circuit Judge:

A mother seeks to recover for the death of her son, a steward's assistant on the defendants' vessel, who was stabbed to death by another crewmember. She contends she is entitled to damages for negligence under the Jones Act1 and for unseaworthiness under the general maritime law. The defendants seek indemnity from the union, whose hiring hall...

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