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FUTCH v. MIDLAND ENTERPRISES, INC.

No. 72-2900 Summary Calendar.

471 F.2d 1195 (1973)

John FUTCH, Individually and as Personal Representative of Cecil Futch, Plaintiff-Appellant, v. MIDLAND ENTERPRISES, INC., et al., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 8, 1973.

Attorney(s) appearing for the Case

James A. George, Baton Rouge, La., for plaintiff-appellant.

George B. Matthews, New Orleans, La., for defendants-appellees.

Before BELL, DYER and CLARK, Circuit Judges.

CLARK, Circuit Judge:

While the who-has-standing-to-sue-under-Moragne question which this cause presents is novel, the district court's answer — the personal representative of the deceased — is clearly correct.

Cecil Futch drowned when the tow-boat and barge on which he was employed as an able-bodied seaman capsized. The vessels were owned by defendants, Midland Enterprises, Inc. and The Ohio River Company, and bareboat chartered to and...

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