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JETER v. STAR FISH & OYSTER COMPANY

No. 73-1007 Summary Calendar.

482 F.2d 457 (1973)

Malcolm JETER, Plaintiff-Appellant-Cross Appellee, v. STAR FISH & OYSTER COMPANY, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

August 7, 1973.

Attorney(s) appearing for the Case

R. C. Edwins, Baton Rouge, La., Donald E. Brutkiewicz, Mobile, Ala., for plaintiff-appellant-cross appellee.

Thomas M. Galloway, Robert H. Smith, Mobile, Ala., for defendant-appellee-cross appellant.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

DYER, Circuit Judge:

Pursuant to the Jones Act and general maritime law, seaman Jeter seeks to recover damages as well as maintenance and cure for injuries sustained as a result of the alleged negligence of Star and the unseaworthiness of its vessel, the M/V BABY ANN. The district court awarded Jeter maintenance and cure, including attorneys fees, but denied him damages. We affirm in part and reverse in part.

Jeter was the captain of the BABY ANN, a 70-foot...

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