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THOMAS v. SS SANTA MERCEDES

Nos. 76-1189 and 76-1490.

572 F.2d 1331 (1978)

Nathaniel THOMAS, Plaintiff-Appellant, v. SS SANTA MERCEDES and Prudential Lines, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 31, 1978.

Attorney(s) appearing for the Case

Eric J. Schmidt (argued), San Francisco, Cal., for plaintiff-appellant.

John A. Flynn (argued), San Francisco, Cal., for defendants-appellees.

Before BROWNING and WRIGHT, Circuit Judges, and TAYLOR, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Thomas, a seaman, recovered $1,221.36 from the defendant Prudential Lines, Inc. (Prudential or the Company) under 46 U.S.C. § 596, which imposes a double wage penalty on masters or owners who refuse or neglect to pay discharged seamen one-third of their earned wages at the time of discharge and the balance within four days thereafter.1 The district court imposed the

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