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TELFAIR v. ZIM ISRAEL NAVIGATION COMPANY

No. 27418.

428 F.2d 127 (1970)

Herman TELFAIR, Plaintiff-Appellant, v. ZIM ISRAEL NAVIGATION COMPANY, Limited, Defendant-Third-Party Plaintiff-Appellee, v. LUCKENBACH STEAMSHIP COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 22, 1970.

Attorney(s) appearing for the Case

Robert Orseck, Miami, Fla., Roger Vaughan, Jr., Wagner, Cunningham & Vaughan, Bill Wagner, Tampa, Fla., for plaintiff-appellant.

Dewey R. Villareal, Jr., John W. Boult, Fowler, White, Gillen, Humkey & Kinney, P. A., Tampa, Fla., for Zim Israel Navigation Co.

James O. Davis, Jr., J. A. McClain, Jr., McClain, Turbiville, and Heller, Tampa, Fla., for Luckenbach S.S. Co.

Before WISDOM, GEWIN, and AINSWORTH, Circuit Judges.

WISDOM, Circuit Judge.

Seas Shipping Company v. Sieracki, 1946, 328 U.S. 85, 66 S.Ct. 872, 90 L.Ed. 1099, extended the warranty of seaworthiness to longshoremen. Ryan Stevedoring Company v. Pan-Atlantic S.S. Corporation, 1956, 350 U.S. 124, 76 S.Ct. 232, 100 L.Ed. 133, shifted the liability to the stevedore when it breaches the warranty of workmanlike service. In

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