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SMITH v. INTERNATIONAL ORGAN. OF MASTERS, MATES

No. 01-31436. Summary Calendar.

296 F.3d 380 (2002)

Stuart H. SMITH, Jr., Plaintiff-Appellant-Cross-Appellee, v. INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

July 17, 2002.

Attorney(s) appearing for the Case

Ralph E. Smith, New Orleans, LA, for Smith.

Marie Healey, Daniel Alan Smith, Healey & Smith, New Orleans, LA, for International Organization of Masters, Mates & Pilots.

Before REYNALDO G. GARZA, JOLLY, and WIENER, Circuit Judges.

REYNALDO G. GARZA, Circuit Judge:

On October 3, 1992, Appellant Stuart H. Smith, Jr., was serving as third officer aboard an oceangoing cargo vessel berthed in the Port of New Orleans. Smith was employed by Waterman Steamship Corporation ("Waterman"), the owner and operator of the vessel. On that day, the vessel was undocking when it collided with the dock. The collision caused damage to both the vessel and the dock. Holding Smith responsible, Waterman fired him the...

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