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FONTENOT v. U.S.

No. 95-40390.

89 F.3d 205 (1996)

Horace FONTENOT, Plaintiff-Appellee, The Travelers Insurance Company, Intervenor Plaintiff-Appellee, v. UNITED STATES of America, Intervenor Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 9, 1996.

Attorney(s) appearing for the Case

Michael R. McGown, David L. Tolin, Edward Hartman Green, Weller, Green, McGown & Toups, Beaumont, TX, for plaintiff-appellee.

Yancey Pierpont White, John Oscar Miller, White, Huseman, Pletcher & Powers, Corpus Christi, TX, for Travelers Ins. Co.

Mike Bradford, U.S. Attorney, Office of the United States Attorney, Beaumont, TX, Olen Kenneth Dodd, United States Department of Justice, Torts Branch — Civil Division, Washington, DC, Robert S. Greenspan, William George Cole, U.S. Department of Justice, Civil Division, Washington, DC, Peter G. Meyer, Washington, DC, for U.S.

Before LAY, HIGGINBOTHAM and STEWART, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I

This is a tort suit against the United States as vessel owner brought by a welder employed by an independent contractor engaged in its repair. The worker slipped on a hatch cover and was severely injured. The district court found that the government breached its second and third Scindia duties and awarded substantial damages to the worker and the intervening workmen's compensation

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