Opinion
No. 20579.
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.
Affirmed.