LOPES v. S.S. OCEAN DAPHNE

No. 9282.

337 F.2d 777 (1964)

Quintino LOPES, Appellant, v. Liberian S.S. OCEAN DAPHNE, her boats, engines, tackle, apparel, etc., M. T. Andersen, individually and as master, Ocean Carriers, Inc., Norlo Shipping Co., Inc., Seatraders, Inc., Maritime Overseas Corporation, and Orion Shipping & Trading Corporation, all foreign corporations or associations, as owners and/or operators of the Liberian S.S. Ocean Daphne, Appellees.

United States Court of Appeals Fourth Circuit.

Decided September 24, 1964.


Attorney(s) appearing for the Case

Burt M. Morewitz, Newport News, Va., for appellant.

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

Before SOBELOFF, Chief Judge, J. SPENCER BELL, Circuit Judge, and HEMPHILL, District Judge.


J. SPENCER BELL, Circuit Judge.

The significant question raised by this appeal is whether certain sections of the Merchant Seamen's Act1 apply where a foreign seaman ships aboard a foreign flag vessel which is owned and operated by a U. S. corporation. We think the answer must be "No", because it was not the intent of Congress that these statutes should apply to foreign flag vessels using foreign...

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