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Dissenting Opinion

United States Supreme Court

404 U.S. 202

Victory Carriers, Inc.  v.  Law

 Argued: Oct. 18-19, 1971. --- Decided: Dec 13, 1971

See 404 U.S. 1064, 92 S.Ct. 731.


State law and not federal maritime law held to govern suit by respondent longshoreman who was injured by alleged defect in his stevedore employer's pierbased forklift truck which respondent was operating on the dock to transfer cargo to a point alongside a vessel where it was to be hoisted aboard by the ship's own gear. Seas Shipping Co. v. Sieracki, 328 U.S. 85, 66 S.Ct. 872, 90 L.Ed. 1099, and Gutierrez v. Waterman S.S.C.orp., 373 U.S. 206, 83 S.Ct. 1185, 10 L.Ed.2d 297, distinguished. Pp. 204-216, 432 F.2d 376, reversed.

W. Boyd Reeves, Mobile, Ala., for the petitioners.

Ross Diamond, Jr., Mobile, Ala., for the respondent.

Mr. Justice WHITE delivered the opinion of the Court.


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).