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DENNIS v. CENTRAL GULF STEAMSHIP CORPORATION

No. 71-1969 Summary Calendar.

453 F.2d 137 (1972)

Gabrielle Joan DENNIS, Individually and in the Alternative, Anna Mae Dennis Malet, widow of M. Malet, Petitioner, and/or Curator of the Interdict, Gabrielle Joan Dennis, Plaintiffs-Appellees-Cross Appellants, v. CENTRAL GULF STEAMSHIP CORPORATION et al., Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 25, 1972.

Attorney(s) appearing for the Case

John R. Peters, Jr., of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for Central Gulf Steamship Corp., defendants-appellants.

Charles G. Jacques, Jr., Harold J. Lamy, Dodd, Hirsch, Barker, Meunier, Boudreaux & Lamy, James C. Cockfield, New Orleans, La., for plaintiffs-appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 25, 1972.

DYER, Circuit Judge:

In this appeal we are called upon to decide whether damages for a decedent's pain and suffering and funeral expenses, awarded by the court below, are available under the recent decisionally created federal right for wrongful death which occurs upon state territorial waters. We affirm.

Decedent Dennis was employed as a marine surveyor by the United States Maritime Administration...

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