PIERCE v. ELK TOWING COMPANY

Nos. 15546, 15559, 15706, 15740.

364 F.2d 504 (1966)

Elmo PIERCE, Appellant, v. ELK TOWING COMPANY. Howard BROWN, Appellant, v. ISLAND CREEK COAL COMPANY. Dallas WISE, Appellant, v. RIVER MARINE SERVICE, INC. James E. NEELY, Appellant, v. MISSISSIPPI VALLEY BARGE LINE COMPANY.

United States Court of Appeals Third Circuit.

Decided April 20, 1966.

On Petition for Rehearing August 3, 1966.


Attorney(s) appearing for the Case

Harry Alan Sherman, Pittsburgh, Pa., for appellant Pierce.

Donald L. Very, Campbell, Thomas & Burke, Pittsburgh, Pa., (Charles E. Lugenbuhl, Lemle & Kelleher, New Orleans, La., on the brief), for appellee Elk Towing Co.

Hymen Schlesinger, Pittsburgh, Pa., for appellants Brown, Wise, and Neely.

Giles J. Gaca, Pringle, Bredin, Thomson, Rhodes & Grigsby, Pittsburgh, Pa., for appellees Island Creek Coal Co. and Mississippi Valley Barge Line Co.

Gerard F. Wrabley, Egler, McGregor & Reinstadtler, Pittsburgh, Pa., for appellee River Marine Service, Inc.

Before STALEY, Chief Judge, GANEY, Circuit Judge, and SHERIDAN, District Judge.


PER CURIAM.

The issues raised on this appeal involve the application of the general venue provisions of 28 U.S.C. § 1391(c) to suits brought under the Jones Act, 46 U.S.C. § 688. This court has heretofore considered this question and decided that the general venue provisions do not apply to such suits. Leith v. Oil Transport Co., Inc., 321 F.2d 591 (C.A.3, 1963). A panel cannot overrule a prior decision of this court rendered...

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