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MERREN v. A/S BORGESTAD

No. 75-1839 Summary Calendar.

519 F.2d 82 (1975)

Walter A. MERREN, appearing herein as personal representative of the Decedent, making claim for the death of Douglas Merren, etc., Gloria Murray De Sanchez, appearing herein as personal representative of Arturo Miguel Sanchez, etc., Plaintiffs-Appellants, v. A/S BORGESTAD et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing October 2, 1975.

Attorney(s) appearing for the Case

Charles R. Maloney, New Orleans, La., for plaintiffs-appellants.

William E. Wright, New Orleans, La., for defendants-appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

This case involves the applicability of the Jones Act, 46 U.S.C. § 688, which provides a cause of action for injured seamen for their damages, to a case in which two sailors died in a shipboard accident. The district court granted summary judgment for defendant on the theory that the Act was not intended to cover plaintiffs such as those here, as the situation of those plaintiffs was brought out in the complaint, affidavits and answers to interrogatories...

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