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KIRKSEY v. TONGHAI MARITIME

No. 07-40616.

535 F.3d 388 (2008)

Patrick KIRKSEY, Plaintiff-Appellee, v. TONGHAI MARITIME; Cosco Bulk Carrier Company, Ltd., doing business as Cosco Bulk, Defendants-Third Party Plaintiffs-Appellants, v. Pan Ocean Shipping Co., Ltd.; STX Pan Ocean Co. Ltd., Third Party Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 15, 2008.

Attorney(s) appearing for the Case

Anthony G. Buzbee (argued), Sean E. O'Rourke, The Buzbee Law Firm, Galveston, TX, for Kirksey.

James Patrick Cooney, Jessica Lynn Crutcher, Royston, Rayzor, Vickery & Williams, Joseph Denney Terry, Terry & Thweatt, Houston, TX, for Defendants-Third Party Plaintiffs-Appellants.

Thomas R. Nork (argued), Kathleen Hopkins Alsina, Phelps Dunbar, Houston TX, for Third Party Defendants-Appellants.

Before HIGGINBOTHAM, DAVIS and DeMOSS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This is an appeal in a 33 U.S.C. § 905(b) action from a judgment in favor of longshoreman, Patrick Kirksey, against the owner, operator, and charterer of a vessel, following a bench trial. The district court concluded that the unstable stow of the cargo made the vessel dangerous to the unloading longshoremen and that the vessel owner failed to exercise reasonable care to turn the ship over to the stevedore in such condition that...

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