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McKENSIE v. SEA LAND SERVICE, INC.

No. 75-3850.

551 F.2d 91 (1977)

Junius McKENSIE, Plaintiff, v. Sea LAND SERVICE, INC., Defendant-Third-Party Plaintiff-Appellant, v. ATLANTIC & GULF STEVEDORES, INC., and B & G Crane Service, Inc., Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 25, 1977.

Attorney(s) appearing for the Case

Gerard T. Gelpi, New Orleans, La., for defendant-third-party plaintiff-appellant.

Ralph E. Smith, New Orleans, La., for Atlantic & Gulf Stev., Inc.

John O. Charrier, Jr., Glenn G. Goodier, New Orleans, La., for B & G Crane Service, Inc.

Before WISDOM and GEE, Circuit Judges, and BOOTLE, District Judge.

PER CURIAM:

While this case was tried in the district court entirely on depositions and documents and hence the exhortation of the "clearly erroneous" rule of McAllister v. United States, 348 U.S. 19, 20, 75 S.Ct. 6, 99 L.Ed. 20 (1954) and Fed.R.Civ.P. 52(a) is to some extent ameliorated, Ward v. Wainwright, 450 F.2d 409, 412 (5th Cir. 1971), "[n]evertheless, where the conclusions of the...

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