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CONTI v. SANKO S.S. CO., LTD.

No. 89-6180.

912 F.2d 816 (1990)

Sebastian CONTI, Plaintiff-Appellant, v. SANKO STEAMSHIP COMPANY, LTD., and Torocoba Shipping Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 8, 1990.

Attorney(s) appearing for the Case

Robert D. Rapp, Mandell & Wright, Houston, Tex., for plaintiff-appellant.

William M. Woodruff and Robert L. Klawetter, Eastham, Watson, Dale & Forney, Houston, Tex., for defendants-appellees.

Kenneth J. Bower and Douglas W. Poole, McLeod, Alexander, Powel & Apffel, Galveston, Tex., for City of Galveston.

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

Before GARZA, JOLLY, and JONES, Circuit Judges.

GARZA, Circuit Judge:

Finding that the district court abused its discretion in not allowing the plaintiff to amend his complaint, we REVERSE AND REMAND the case to be tried before a jury.

I.

Plaintiff Sebastian Conti was a longshoreman working for Empire United Stevedoring Co. ("Empire") at Galveston Wharves. He was unhooking lumber from the SS Sanko Ruby — owned and operated by defendants Sanko Steamship Co. and Torocoba Shipping Co. (collectively...

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