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JOHNSON v. VENEZUELAN LINE STEAMSHIP COMPANY

Civ. A. Nos. 69-1083, 69-2952, 69-1102.

314 F.Supp. 1403 (1970)

Mrs. Shirley Patrick JOHNSON, Widow of Lawrence A. Johnson, Sr., Individually and as Natural Tutrix of Her Minor Children, Lawrence A. Johnson, Jr., David P. Johnson, Shirley T. Johnson, Florence A. Johnson and Kevin J. Johnson, Plaintiff, v. VENEZUELAN LINE STEAMSHIP COMPANY (C.P.A. Venezolana de Navegacion), Defendant. Mrs. Shirley Patrick JOHNSON, Widow of Lawrence A. Johnson, Sr., Individually and as Natural Tutrix of Her Minor Children, Lawrence A. Johnson, Jr., David P. Johnson, Shirley T. Johnson, Florence A. Johnson and Kevin J. Johnson, Plaintiff, v. M/V CIUDAD DE MARACAIBO, her engines, boilers, furniture, gear, tackle and apparel, Defendant. Frank E. WENTE, Plaintiff, v. D'AMICO SOCIETY DE NAVIGAZIONE, Defendant.

United States District Court, E. D. Louisiana, New Orleans Division.

May 6, 1970.

Attorney(s) appearing for the Case

Chester Francipane, Metairie, La., for plaintiff Mrs. Shirley Patrick Johnson.

Salvador E. Gutierrez, Jr., New Orleans, La., for plaintiff Frank E. Wente.

J. Dwight LeBlanc, Jr., Thomas W. Thorne, Jr., Charles Kohlmeyer, Jr., James G. Burke, Jr., New Orleans, La., for defendants.

RUBIN, District Judge:

A longshoreman was working on a wharf, placing rolls of paper in a cargo sling to be loaded on a vessel. He was killed when he was struck by the loaded cargo sling when it swung shoreward. On her own behalf and as natural tutrix of her five minor children, the longshoreman's widow sued the owners of the vessel in personam for his death, alleged diversity of citizenship, and prayed for a jury trial. The widow also filed a libel in rem against...

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