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HILL v. DIAMOND

Nos. 8698, 8699.

311 F.2d 789 (1962)

Rudolph E. HILL, Appellant, v. B.F. DIAMOND, trading as Diamond Construction Company, Appellee. John Gene HODGES, Appellant, v. B. F. DIAMOND, trading as Diamond Construction Company, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 31, 1962.

Attorney(s) appearing for the Case

L. David Lindauer, Portsmouth, Va. (Bangel, Bangel & Bangel, Portsmouth, Va., on brief), for appellants.

John W. Winston, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief), for appellee.

Before SOPER, HAYNSWORTH and BOREMAN, Circuit Judges.

HAYNSWORTH, Circuit Judge.

The District Court dismissed these Jones Act cases upon the ground that a tubular section destined to become a part of a tunnel for vehicular traffic beneath the Elizabeth River was not a vessel in navigation, and that the injured workmen, one a rodman, the other a welder, were not seamen. The plaintiffs appeal, asserting that their contentions as to their status and that of the structure upon which they were working involved

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