Texports Stevedore Co., Inc. v. SECRETARY OF LABOR, US, No. 73-1620 Summary Calendar.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtPER CURIAM
Citation484 F.2d 465
Docket NumberNo. 73-1620 Summary Calendar.
Decision Date13 November 1973
PartiesTEXPORTS STEVEDORE COMPANY, INC., Petitioner, v. SECRETARY OF LABOR, U. S. DEPARTMENT OF LABOR, and Occupational Safety and Health Review Commission, Respondents.

484 F.2d 465 (1973)

TEXPORTS STEVEDORE COMPANY, INC., Petitioner,
v.
SECRETARY OF LABOR, U. S. DEPARTMENT OF LABOR, and Occupational Safety and Health Review Commission, Respondents.

No. 73-1620 Summary Calendar.*

United States Court of Appeals, Fifth Circuit.

September 20, 1973.

Rehearing and Rehearing Denied November 13, 1973.


Neil Martin, Owen W. Cecil, Houston, Tex., for petitioner.

William S. McLaughlin, Executive Sec., Occupational Safety & Health Review Commission, Washington, D. C., Major J. Parmenter, Regional Sol., U. S. Dept. of Labor, Dallas, Tex., Jean A.

484 F.2d 466
Staudt, Walter H. Fleischer, Dept. of Justice, Washington, D. C., for respondents

David H. Burrow, Houston, Tex., for other interested parties.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 13, 1973.

PER CURIAM:

Texports Stevedore Company, Inc. seeks a review of the Occupational Safety and Health Review Commission's determination that Texports violated the Occupational Safety and Health Act of 1970, 29 U.S.C.A. 651 et seq., by failing to take the necessary precautions to prevent cargo from falling during unloading.

In June, 1971, the cargo barge MBL 880 was tied alongside the vessel SUCRE in the Houston, Texas Ship Channel. The barge was loaded with rectangular bales of pulp wood, consisting of eight bundles banded together, weighing approximately 4,200 pounds. They were stacked in tiers two bales high with open areas of 15 feet in the fore and aft ends of the barge to accommodate a fork lift truck used in the unloading operation.

Texports' stevedoring superintendent made a two minute inspection of the cargo by standing on the deck of the SUCRE and looking down about 12 feet through the hatch of the barge where he could see 12 bales on the top tier. He determined that the bales were not leaning. None of the dunnage was visible to the Superintendent.

Four stevedores began the unloading operation in the after end of the barge. When the bales were being unloaded from the top tier, one of the blades of the fork lift went under the metal band around a bale while the other blade went outside of the band, causing the bale to fall upon and disable the fork lift. No one was hurt at that time.

Mechanic Quinn, who was called to repair the fork lift, climbed down into the barge and while he was engaged in the repair work, a bale from the upper tier fell down and severely injured him. Tug boats...

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3 practice notes
  • Brennan v. Occupational Safety and Health Review Com'n, No. 73--1938
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 24, 1975
    ...Safety and Health Review Commission and J. W. Bounds, 488 F.2d 337 (5th Cir. 1973). Texports Stevedore Co., Inc. v. Secretary of Labor, 484 F.2d 465 (5th Cir. 1973); Texports involved injury and Gerosa involved death. The present case appears to involve the first effort of the Secretary to ......
  • H.B. Zachry Co. v. Occupational Safety and Health Review Com'n, No. 80-1357
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 2, 1981
    ...observations and investigations made by OSHA officials have evidentiary weight. Texports Stevedore Co. v. Secretary of Labor, 484 F.2d 465 (5th Cir. 1973). Obviously, since this subsequent amendment would neither have surprised nor hindered Zachry in the preparation of its defense, we think......
  • Texports Stevedore Co. Inc v. Sec'y Of Labor, 73-1620
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 13, 1973
    ...Inc.v.Secretary of Labor, U. S. Department of Labor73-1620UNITED STATES COURT OF APPEALS Fifth CircuitNov. 13, 1973 O.S.H.R.C., Tex., 484 F.2d 465...
3 cases
  • Brennan v. Occupational Safety and Health Review Com'n, No. 73--1938
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • February 24, 1975
    ...Safety and Health Review Commission and J. W. Bounds, 488 F.2d 337 (5th Cir. 1973). Texports Stevedore Co., Inc. v. Secretary of Labor, 484 F.2d 465 (5th Cir. 1973); Texports involved injury and Gerosa involved death. The present case appears to involve the first effort of the Secretary to ......
  • H.B. Zachry Co. v. Occupational Safety and Health Review Com'n, No. 80-1357
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • March 2, 1981
    ...observations and investigations made by OSHA officials have evidentiary weight. Texports Stevedore Co. v. Secretary of Labor, 484 F.2d 465 (5th Cir. 1973). Obviously, since this subsequent amendment would neither have surprised nor hindered Zachry in the preparation of its defense, we think......
  • Texports Stevedore Co. Inc v. Sec'y Of Labor, 73-1620
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • November 13, 1973
    ...Inc.v.Secretary of Labor, U. S. Department of Labor73-1620UNITED STATES COURT OF APPEALS Fifth CircuitNov. 13, 1973 O.S.H.R.C., Tex., 484 F.2d 465...

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