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BOSWELL v. TERRACE NAVIGATION CORPORATION

No. 24398.

384 F.2d 186 (1967)

Leonard D. BOSWELL, Appellant, v. TERRACE NAVIGATION CORPORATION et al., Appellees.

United States Court of Appeals Fifth Circuit.

October 20, 1967.

Attorney(s) appearing for the Case

John L. Fulbright, Beaumont, Tex., John T. Lindsey, Port Arthur, Tex., for appellant.

Charles D. Kennedy, Royston, Rayzor & Cook, Houston, Tex., for Terrace Navigation Corp.

Dixie Smith, S. G. Kolius, Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., for Port Arthur Stevedores.

Before WISDOM and GOLDBERG, Circuit Judges, and NOEL, District Judge.

GOLDBERG, Circuit Judge:

On December 14, 1962, the S. S. Thunderbird was berthed in Port Arthur, Texas, to receive a cargo of bulk grain. In order to load the grain evenly throughout the cargo space of the No. 4 hatch, it became necessary to cut several trimming hatches in the second or "tween" deck of the vessel. These trimming hatches, 24" x 24" holes in the deck, were cut during the day by longshoremen other than Boswell and were covered by heavy "hatch boards...

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