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SIMKO v. C & C MARINE MAINTENANCE CO.

Nos. 78-1174 through 78-1176.

594 F.2d 960 (1979)

John R. SIMKO, Administrator of the Estate of John R. Simko, III, Deceased, and Luella Campbell Miller, on her own behalf, and as parent and natural guardian of John R. Campbell, a minor on behalf of John R. Campbell, a minor v. C & C MARINE MAINTENANCE CO., a corporation, Appellant, American Commercial Barge Lines Company, a corporation, Georgetown Landing Co., a corporation.

United States Court of Appeals, Third Circuit.

Decided February 20, 1979.

Attorney(s) appearing for the Case

Bruce R. Martin, Pittsburgh, Pa., for appellant.

Stanley M. Stein, Feldstein, Grinberg, Stein & McKee, Pittsburgh, Pa., for appellee, Simko, et al.

John W. Jordan, IV, Thomson, Rhodes & Grigsby, Pittsburgh, Pa., for appellee, American Commercial Barge Lines.

Before SEITZ, Chief Judge, and GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

This appeal presents the question whether John R. Simko, III occupied the status of a seaman for purposes of recovery under the Jones Act, 46 U.S.C. § 688, at the time of his death. It also requires this Court to venture into the maelstrom of the maritime doctrine of unseaworthiness and its counterpart, the right of a shipowner to claim indemnity from a stevedore for expenses incurred in defending an action for...

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