James Johnson v. Oil Transport Company, Inc., a Corporation, and Third-Party v. Bender Welding & MacHine Company, Inc., Third-Party
445 F.2d 1402
3rd Cir.
1971
Check Treatment

*1 solely tion does it the on that the basis being disquali- nature the of work done Diamond, Thigpen, Francis M. Ross repairyard employee fied the as a Sier- Jr., Mobile, Ala., for Lattof, Diamond & acki vicarious seaman. Delome Union v. appellant. Barge Co., al., Cir., 1971, Line et 5 444 III, Lankford, Rankin, Clay Alex F. A. imagine F.2d On 225. this test I can Bedsole, Arendall, Ala., Hand, Mobile, jobs repair ships few on modern which Ala., Johnson, of Mobile, & Greaves qualify. Nearly require would all will counsel, plaintiff-appellee. for heavy plates, hoists, steel cranes or weld- Deutsch, Stiles, Kerrigan Brunswick & ing equipment and, for matter, that the Curran, Jr., Deutsch, New G. Edwin J. floating dry of use docks and like. the Murray Riis, Vickers, La., & Orleans, opinion Almost as recent is the of counsel, Curran, Mobile, Ala., de- for of Judge Clark for in us Keller v. Dravo fendant-appellee. Cir., Corp., 1971, 5 441 F.2d 1239. There REHEARING ON PETITION FOR decision turns on the withdrawal of the PETITION F.2d 109 OF 440 AND navigation vessel from in the West EN BANC FOR REHEARING sinking sense because the recent of the barge repairs made extensive essential. BROWN, R. Before JOHN Chief shipping A common hazard in the trade Judge, and and AINSWORTH GOD- is that of prospect collision with the that Judges. BOLD, Circuit calling drydocking bows will be holed for PER CURIAM: repairs designed and extensive which are Rehearing The is Petition for denied trading to to restore active a vessel having polled and the the Court been at which has been withdrawn from so-called request of one the of the members of “navigation” only briefly and then fre- majority Court and a of the Circuit quently by beyond reason of conditions Judges regular are in who active service her control. having it, (Rule not in of voted favor True, Sieracki-Ryan-Yaka syn- the Appellate Procedure; 35 Federal Rules of subject drome is the of much criticism. 12) Local Fifth Circuit Rule the Petition ought repudiated But it until is it not Rehearing for En Banc is also denied. to be stranded on such limi- restrictive tations. BROWN, R. Before JOHN Chief WISDOM, Judge, GEWIN, BELL, Except longshore- and for the traditional THORNBERRY, COLEMAN, loading discharging cargo man GOLD- or and BERG, GODBOLD, AINSWORTH, repairmen adjust- DY- making repairs or

X4Q3 simple PER calling only CURIAM: hand tools for ments means warranty of seaworthiness the error, find no and affirm on the We lit- And what Fifth in the Circuit. little judge. opinion the district See oral of today tomorrow dwindles it means tle Throwing also, E Co. & Carolina v. S opinion. new with each Novelty Corp., (4 329 Cir. 442 F.2d 1971); Ma- Batson Yarn and Fabrics my is cor- view substantive Whether chinery Group, it Inc. important. think v. Saurer-Allma But I too rect is not Maschinenbau, GmbH-Allgauer 311 F. should important that the whole Court recurring sig- (D.S.C.1970). Supp. 68 principles of pass on these only that, Failing I can to do nificance. Affirmed. hope do so. others will

Raymond HILLIARD, Appellant, v. Raymond al., Appellees. PROCUNIER et COMPA CONSULTING AMERICAN

PAN Consulting Inc., NY, Panamerican and No. 25705. International, Ltd., Appellants, Appeals, of United States Court v. Ninth Circuit. ENTERPRISES, INC., and TECHNICAL 16, Aug. 1971. Technique Chimie, Etudes Et Serv S.A.R.L., ices, Appellees. No. 71-1079. Appeals, of States

United Court Raymond Hilliard, pro. per. in Fourth Circuit. Gen., Younger, Atty. J. Cal. Evelle Argued Aug. 24, 1971. Kirk, Murphy, R. John T. Charles B. 7, Sept. Decided 1971. Cal., Francisco, Deputy Attys. Gen., San appellees. for CHOY, Before KILKENNY and Cir Judges, POWELL, cuit District and Judge.* Parker B. Smith and David F. Al

bright, Baltimore, Bowen, (Semmes, Md. PER CURIAM: Semmes, Md., brief), & Baltimore, on the Appellant, prisoner, ap- a state court appellants. for plied to the district court for a of writ Constable, James W. Baltimore, Md. corpus. habeas court examined the The (Akin French, M. Werner, Kennedy, transcript proceedings of the trial at the French, Relyea Molloy, City, & York New findings adopted complete. and the as George and Constable, Constable, W. Al- find no We error in court so the deter- Daneker, Baltimore, Md., exander & on mining. His to three conclusions as the brief), appellees. the for supported contentions of defendant are by the record. HAYNSWORTH, Judge,

Before Chief and RUSSELL, WINTER and denying Circuit The order the writ and dis- Judges. missing petition the is affirmed. * Powell, Washington, sitting by desig- The Honorable Charles United District of L. Judge States District for the Eastern nation.