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FIDELITY & CASUALTY COMPANY OF NEW YORK v. C/B MR. KIM

No. 21263.

345 F.2d 45 (1965)

The FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellant, v. C/B MR. KIM, Its Engines, etc., et al., Appellees.

United States Court of Appeals Fifth Circuit.

May 14, 1965.

Attorney(s) appearing for the Case

W. K. Christovich, J. Walter Ward, Jr., New Orleans, La., for The Fidelity and Cas. Co. of New York, Christovich & Kearney, New Orleans, La., of counsel.

John Poitevent, New Orleans, La., for Norman Guidry, owner of the C/B "Mr. Kim", Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, La., of counsel.

Before JONES and BROWN, Circuit Judges, and SHEEHY, District Judge.

JOHN R. BROWN, Circuit Judge:

If not a new wrinkle, Mike Hooks, Inc. v. Pena, 5 Cir., 1963, 313 F.2d 696, this case presents at least a new ripple on the undulating sea of law dealing with maritime rights growing out of the application of state workmen's compensation statutes to a worker sustaining a maritime injury. The precise question is whether a compensation insurer, as a Louisiana statutory subrogee, seeking reimbursement from...

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