Archie Davis, Appellant, v. S.s. Rikke Skou, Her Engines, Tackle, Apparel and Furniture, and Ove Skou Shipping Company, Appellees, 325 F.2d 432 (5th Cir. 1963)

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US Court of Appeals for the Fifth Circuit - 325 F.2d 432 (5th Cir. 1963) December 26, 1963

Appeal from United States District Court for the Eastern District of Louisiana; Herbert W. Christenberry, Judge.

Robert L. McLaughlin, John R. Martzell, John P. Nelson, Jr., Leonard S. Ungar, New Orleans, La., proctors for libellant-appellant.

William E. Wright, Christopher Tompkins, Terriberry, Rault, Carroll, Yancey & Farrell, New Orleans, La., Deutsch, Kerrigan & Stiles, New Orleans, La., of counsel, for appellees.

Before TUTTLE, Chief Judge, JONES, Circuit Judge, and JOHNSON, District Judge.


This is an appeal from a summary judgment against the libelant-longshoreman in favor of the shipping company. The theory of libelant's action on account of injury was that the accident was due to unseaworthiness or negligence for which the shipping company was responsible. We agree with the experienced and able district judge that there was no genuine issue of any material fact and the shipping company was entitled to a judgment as a matter of law.