KIRK v. LAND & MARINE APPLICATORS, INC.

No. 77-1165 Summary Calendar.

555 F.2d 481 (1977)

Dalta R. KIRK, Plaintiff-Appellant, v. LAND & MARINE APPLICATORS, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 7, 1977.


Attorney(s) appearing for the Case

Dan C. Garner, R. Lee McDaniel, New Orleans, La., for plaintiff-appellant.

Glenn G. Goodier, New Orleans, La., for Land & Marine and Travelers.

Before GOLDBERG, CLARK and FAY, Circuit Judges.


PER CURIAM:

The only issue in this suit brought under the Jones Act, 46 U.S.C.A. § 688 (1975), is whether Dalta R. Kirk, an offshore sandblaster and painter, was a crew member of the M/V MIGHTY RED at the time of his injury. The district court found that Kirk was not a seaman for Jones Act purposes, and granted the defendant's motion for summary judgment. We affirm.

Kirk filed this suit against his employer, Land and Marine Applicators, Inc., for injuries...

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