Bartolo Pena, Jr. v. C. M. West, Southwest Texas Agency, Inc. v. Bartolo Pena, Jr.

376 F.2d 265

Opinion

PER CURIAM.

Bartolo Pena, a member of the crew of the vessel TYPHOON, suffered an injury to his back while ascending a passageway from the engineroom to the deck. Pena sued the vessel owner, Southwest Texas Agency, Inc. The District Court in a non-jury trial found that the vessel was seaworthy and that there was no negligence. The Court awarded Pena $3.450.00 for past and future maintenance and cure.

A careful review of the record convinces us that the findings of fact made by the District Court are not clearly erroneous. McAllister v. United States, 1954, 348 U.S. 19, 75 S.Ct. 6, 99 L.Ed.20; Stephens v. Osaka Mercantile Steamship Company, Ltd. et al., 5 Cir., 1964, 328 F.2d 604.

Southwest Texas Agency, Inc.’s ore tenus motion to withdraw its cross appeal is granted. Accordingly, the judgment of the District Court is

Affirmed.