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BYRD v. M/V YOZGAT

No. 27453.

420 F.2d 954 (1969)

Jimmie C. BYRD, Plaintiff-Appellant, v. The M/V YOZGAT, Defendant-Third Party Plaintiff-Appellee, Pensacola Stevedoring Company, Third-Party Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

December 17, 1969.

Attorney(s) appearing for the Case

Paul Shimek, Jr., Hahn, Reeves & Shimek, Pensacola, Fla., for appellant.

W. Spencer Mitchem, Beggs, Lane, Daniel, Gaines & Davis, James E. Hertz, Pensacola, Fla., for appellees.

Before GEWIN, COLEMAN and DYER, Circuit Judges.

PER CURIAM:

Appellant Byrd filed a libel to recover for personal injuries received while working aboard the M/V YOZGAT as a stevedore. The District Court found that Byrd was guilty of laches and dismissed the action. For us to reverse we would have to find that the District Court's determinations that there was no excusable delay in bringing the action and that appellees were prejudiced by the delay are "clearly erroneous." Fed.R.Civ.P. 52(a); McAllister v. United...

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