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MEYERS v. M/V EUGENIO C.

No. 87-3457.

876 F.2d 38 (1989)

Daniel R. MEYERS, Jr., Plaintiff-Appellant, v. The M/V EUGENIO C, Its engines, tackle, apparel, etc., et al., Defendants, and Costa Armatori, S.P.A., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 26, 1989.

Attorney(s) appearing for the Case

Lester J. Lautenschlaeger, Jr., Lautenschlaeger & Oberhelman, New Orleans, La., plaintiff-appellant.

Gustave A. Manthey, Chaffe, McCall, New Orleans, La., for defendant-appellee.

Before GARZA, RUBIN, and KING, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Our original opinion1 affirmed the district court's summary judgment dismissing all of the plaintiff's claims in this suit save one. At the request of the M/V Eugenio C, we granted rehearing and scheduled oral argument to reconsider our opinion, and in particular Part III in which we held that the affidavit of Pilot Daniel R. Meyers, Jr. raises "a material question of fact concerning whether the crew might...

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