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TREADAWAY v. SOCIETE ANONYME LOUIS-DREYFUS

No. 88-3830.

894 F.2d 161 (1990)

Alvin J. TREADAWAY, Plaintiff-Appellee, and Fidelity & Casualty Company of New York, Intervenor-Appellee, v. SOCIETE ANONYME LOUIS-DREYFUS et cie, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 3, 1990.

Attorney(s) appearing for the Case

Derek A. Walker, Peter B. Sloss, Kenneth J. Servay, Douglas L. Grundmeyer, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, La., for defendant-appellant.

Terrence J. Lestelle, Lestelle & Lestelle, New Orleans, La., for Treadaway.

Linda S. Harang, John M. Sartin, Jr, Cornelius, Sartin & Murphy, New Orleans, La., for Fidelity & Cas. Co. of New York.

Before WISDOM, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

WISDOM, Circuit Judge:

This is the latest in a long series of cases involving the application of Scindia and 33 U.S.C. § 905 to a longshoreman's negligence suit against a vessel. We affirm the district court's finding of liability in favor of the longshoreman and against the vessel operator, but reverse the judgment with respect to the amount of damages.

I. FACTS AND PROCEDURAL HISTORY

Alvin J. Treadaway, a longshoreman working aboard...

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