BRANIFF v. JACKSON AVE.-GRETNA FERRY, INC.

No. 18137.

280 F.2d 523 (1960)

Anita Laudin BRANIFF, Administratrix of the estate of John Edward Braniff, Deceased and Matthew F. Belin, Administrator of the Estate of James L. Brown, Deceased, Appellants, v. JACKSON AVE.-GRETNA FERRY, INC., Appellee.

United States Court of Appeals Fifth Circuit.

July 8, 1960.


Attorney(s) appearing for the Case

Felicien Y. Lozes, Thomas J. Taylor, Howard J. Taylor, Taylor & Taylor, New Orleans, La., for appellant Belin.

George B. Matthews, N. B. Barkley, Jr., New Orleans, La., for Jackson Ave.-Gretna Ferry, Inc., Lemle & Kelleher, New Orleans, La., of counsel.

Before RIVES, Chief Judge, and HUTCHESON and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

We face again the oft presented question of who is a seaman. By summary judgment the District Court held that neither of the decedents was a seaman. Though the solution is generally a hard one, and here the question is especially close, we disagree and reverse.

One of the difficulties in this field is that in determining relative rights the status of the ambiguous-amphibious maritime...

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