HUBERT S. SEAY, PLAINTIFF-APPELLEE,
v.
DELTA MARINE DRILLING COMPANY, DEFENDANT-APPELLANT
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The judgment of the District Court is affirmed without opinion because the appeal falls within the ambit of Local Rule 21.
Appellee obtained a jury verdict and judgment against Delta Marine Drilling Company for personal injuries and maintenance and cure following a fall on…
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PER CURIAM:
On a jury verdict, the appellee obtained judgment against Delta Marine Drilling Company for personal injuries (reduced for contributory negligence) and for maintenance and cure as result of a fall of some twelve to fifteen feet to the drilling floor of a submersible drilling barge on navigable waters. Finding that this appeal clearly falls within the ambit of our Local Rule 211 the judgment of the District Court is affirmed.
The appellant seeks reversal on the ground that the evidence was insufficient to go to the jury, that at least a new trial should have been granted, that a remittitur should. have been entered, and that there was no evidentiary basis for the verdict as to maintenance and cure. These are typically factual issues concerning which an opinion would have no precedential value, Local Rule 21, supra. See, also Boeing Company v. Ship-man, 5 Cir., 1969, 411 F. 2d 365.
The judgment of the District Court is Affirmed.
. LOCAL RULE 21.
When the Court determines that any one or more of the following circumstances exists and is dispositive of a matter submitted to the Court for decision : (1) that a judgment of the District Court is based on findings of fact which are not clearly erroneous; (2) that the evidence in support of a jury verdict is not insufficient; (3) that the order of an administrative agency is supported by substantial evidence on the record as a whole; (4) that no error of law appears; and the Court also determines that an opinion would have no precedential value, the judgment or order may be affirmed or enforced without opinion. See N.L.R.B. v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F. 2d 966.
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- Isbell Enters., Inc. v. Citizens Cas. Co. OF NEW York, 431 F.2d 409 (5th Cir. 1970)
- The Boeing Co. v. Shipman, 411 F.2d 365 (5th Cir. 1969)
- Nat'l Labor Relations Bd. v. Amalgamated Clothing Workers OF Am., AFL-CIO, 430 F.2d 966 (5th Cir. 1970)