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KELLY v. PANAMA CANAL COM'N

No. 93-3565.

26 F.3d 597 (1994)

Jeanne M. KELLY, Individually and as personal representative of the estate of Captain James J. Kelly, and on behalf of her minor child, James Joseph Kelly, III, Plaintiff-Appellee, Cross-Appellant, v. The PANAMA CANAL COMMISSION, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

July 25, 1994.

Attorney(s) appearing for the Case

Ernest T. Lindberg, Charles P. Ake, John Haines, Jr., Panama Canal Commission, Unit Miami, FL, for appellant.

John G. DeRussy, Dwight D. McKabney, Derussy, Bezou, & Matthews, New Orleans, LA, for appellee.

Before POLITZ, Chief Judge, DAVIS and WIENER, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

The Panama Canal Commission ("Commission") appeals from a judgment rendered against it by the district court in the wrongful death action brought by the widow and child of Captain James Kelly. Jeanne Kelly and her minor son cross-appeal to seek an increase in the award.

I.

Captain James Kelly, a U.S. Army Officer assigned to Fort Kobbe in the Republic of Panama, was killed when the mast of the catamaran he was sailing...

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