EATON v. SS EXPORT CHALLENGER

No. 10904.

376 F.2d 725 (1967)

Earnest EATON, Appellant, v. SS EXPORT CHALLENGER, her boats, her engines, tackle, etc. in rem and American Export Isbrandtsen Lines, Inc., a foreign corporation or association, as owners, operators and agents of said vessel, in personam, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 6, 1967.


Attorney(s) appearing for the Case

Arthur C. Ermlich, Norfolk, Va. (C. Arthur Rutter, Jr., and Amato, Babalas, Breit, Cohen, Rutter & Friedman, Norfolk, Va., on brief), for appellant.

Virgil S. Gore, Jr., Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., on brief), for appellees.

Before SOBELOFF, BELL and WINTER, Circuit Judges.


WINTER, Circuit Judge:

In this appeal we are called upon to determine the application of 46 U.S.C.A. § 596, which provides a penalty for withholding wages, to a seaman working on port time. The district judge denied the seaman's claim for recovery of the penalty and allowed him only his wages for one day, less maintenance and cure. Judgment was, therefore, entered for $2.16. For reasons we shall presently state, we affirm.

Libelant, Earnest Eaton, was...

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