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IN RE COMPLAINT OF ENDEAVOR MARINE INC.

No. 99-30197.

234 F.3d 287 (2000)

In Re: In the Matter of the Complaint of ENDEAVOR MARINE, INC. and Tako Towing, Inc., as Owner and/or owner pro hac vice of the vessel M/V TAKO ENDEAVOR, her engines, tackle, appurtenances, etc., praying for Exoneration from or Limitation of Liability. Endeavor Marine, Inc.; Tako Towing, Inc., as owner and/or owner pro hac vice of the vessel M/V TAKO ENDEAVOR her engines, tackle, appurtenances, etc., praying for exoneration from or limitation of liability, Petitioners-Appellants, v. Crane Operators, Inc.; et al., Claimants, Crane Operators, Inc., Claimant-Appellee, v. Kevin M. Baye, Sr., Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 11, 2000.

Attorney(s) appearing for the Case

John Anthony Scialdone, Kevin Jacob LaVie (argued), Terriberry, Carroll & Yancey, New Orleans, LA, for Claimant-Appellee.

Thomas Massa Discon (argued), Discon Law Firm, Mandeville, LA, for Claimant-Appellant.

Daniel E. Knowles, III, Jean Paul Picou Overton (argued), Burke & Mayer, New Orleans, LA, for Petitioners-Appellants.

Before REYNALDO G. GARZA, JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

This appeal of a summary judgment presents a question of "seaman" status under the Jones Act. Kevin Baye, a crane operator assigned to the derrick barge FRANK L, was injured while attempting to moor the FRANK L to a cargo vessel in the Mississippi River. The district court, finding that Baye's "duties do not take him to sea," denied seaman status to Baye and granted summary judgment for Baye's employer, Crane Operators, Inc. Having reviewed the record...

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