Bobby L. Van Horn v. Gulf Atlantic Towing Corporation, and Third-Party and Colonna's Shipyard, Incorporated, Third-Party

SOBELOFF, Circuit Judge:

Predicating its decision upon the pleadings, affidavits and pre-trial discovery and relying primarily upon this court’s opinion in Union Carbide Corp. v. Goett, 256 F.2d 449 (1958), 1 the District Court granted defendant’s motion for summary judgment on both bases of the complaint, unseaworthiness and negligence. From this judgment the plaintiff appeals, claiming that he is entitled to a jury trial in this civil action in which jurisdiction is founded upon diversity of citizenship.

The instant case does indeed bear a marked factual resemblance to Goett. In each, an…