McCOWN v. HUMBLE OIL & REFINING COMPANY

No. 12330.

405 F.2d 596 (1969)

Melvin McCOWN, Appellant, v. HUMBLE OIL & REFINING COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 16, 1969.


Attorney(s) appearing for the Case

Harvey Goldstein, New York City (Ellenson & Fox, Newport News, Va., on brief), for appellant.

John W. Winston, Norfolk, Va. (Seawell, McCoy, Winston & Dalton, Norfolk, Va., William McL. Ferguson, and Ferguson & Harvell, Newport News, Va., on brief), for appellee.

Before CRAVEN and BUTZNER, Circuit Judges, and McMILLAN, District Judge.


BUTZNER, Circuit Judge:

The district court held that Melvin McCown, a shipyard worker, was not entitled to the warranty of seaworthiness and granted summary judgment for Humble Oil & Refining Company, owner of the tanker, ESSO BERMUDA. We affirm because McCown was not performing the traditional work of a seaman when he was injured aboard the ship.

Humble sent the ESSO BERMUDA to the Newport News Shipbuilding & Drydock Company for work that cost $407...

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