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JACKSON v. OMI CORP.

No. 00-40173.

245 F.3d 525 (2001)

James A. JACKSON, Jr., Plaintiff-Appellee-Cross-Appellant, v. OMI CORPORATION, et al., Defendants, OMI Courier Transport, Inc., Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

April 4, 2001.

Attorney(s) appearing for the Case

Anthony G. Buzbee (argued), Richard L. Melancon, Michael W. Hogue, Melancon, Hogue & Buzbee, Friendswood, TX, for Jackson.

Chris A. Lorenzen (argued), Crain, Caton & James, Houston, TX, for OMI Courier Transport, Inc.

Before JOLLY and DAVIS, Circuit Judges, and RESTANI, Judge.

W. EUGENE DAVIS, Circuit Judge:

Following a bench trial, OMI Courier Transport, Inc. ("OMI") was found liable for injuries sustained by Plaintiff Jackson on the basis that its vessel the OMI Courier was unseaworthy and that it was negligent. OMI appeals that decision and the district court's allocation of only 50% contributory negligence to Jackson. Jackson also appeals the allocation of contributory negligence. Because the record does not support the finding that...

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