Nos. 88-6147, 89-2391.

896 F.2d 964 (1990)

John RANDOLPH and Jennie Randolph, Plaintiffs-Appellees, and Reliance Insurance Company, Intervenor, v. F. LAEISZ, Defendant-Appellant. John RANDOLPH and Jennie Randolph, Plaintiffs, v. F. LAEISZ, Defendant-Third Party, Plaintiff-Appellant, v. I.T.O. CORPORATION, and Gulf and Southern Terminal Corporation, Third Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 18, 1990.

Rehearing Denied May 3, 1990.

Attorney(s) appearing for the Case

Kenneth D. Kuykendall, Royston, Rayzor, Vickery & Williams, Houston, Tex., for F. Laeisz.

Mithoff & Jacks, Robert Mithoff, Scott Rothenberg, Houston, Tex., for John & Jennie Randolph.

Tom Fitzhugh, III, Fitzhugh & Associates, P.C., Houston, Tex., for I.T.O. & Gulf & Southern Terminal Corp.

Britt K. Davis, Houston, Tex., for Reliance.

Before HIGGINBOTHAM, SMITH, and DUHE, Circuit Judges.

DUHÉ, Circuit Judge:

F. Laeisz, owner of the M/V INCOTRANS PROGRESS, contracted with Gulf and Southern Terminal Corporation to procure a stevedore to unload the vessel. Gulf and Southern, in turn, contracted with ITO Corporation to conduct the stevedoring operations and with Southern Dock Company to serve as the checker. John Randolph was employed by Southern Dock as a checker. Because the arguments of Gulf and Southern and ITO Corporation are identical at this...

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