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CHIRINOS de ALVAREZ v. CREOLE PETROLEUM CORP.

Nos. 79-1226-79-1233.

613 F.2d 1240 (1980)

Mrs. Leonor Maria CHIRINOS de ALVAREZ, Individually and as Personal Representative of the Estate of Telesforo Alvarez, Deceased, Appellant, v. CREOLE PETROLEUM CORPORATION. Mrs. Ana Maria PENA de VALERO, Individually and as Personal Representative of the Estate of Rigoberto Valero, Deceased, Appellant, v. CREOLE PETROLEUM CORPORATION. Mrs. Edita Bartola CHIRINOS de MARIN, Individually and as Personal Representative of the Estate of Santiago Marin, Deceased, Appellant, v. CREOLE PETROLEUM CORPORATION. Mrs. Berta Rosa AVILA de FEREIRA, Individually and as Personal Representative of the Estate of Ramiro Antonio Fereira, Deceased, Appellant, v. CREOLE PETROLEUM CORPORATION. Mrs. Ana Maria PENA de VALERO, Individually and as Personal Representative of the Estate of Rigoberto Valero, Deceased, Appellant, v. EXXON CORPORATION. Mrs. Leonor Maria CHIRINOS de ALVAREZ, Individually and as Personal Representative of the Estate of Telesforo Alvarez, Deceased, Appellant, v. EXXON CORPORATION. Mrs. Berta Rosa AVILA de FEREIRA, Individually and as Personal Representative of the Estate of Ramiro Antonio Fereira, Deceased, Appellant, v. EXXON CORPORATION. Mrs. Edita Bartola CHIRINOS de MARIN, Individually and as Personal Representative of the Estate of Santiago Marin, Deceased, Appellant, v. EXXON CORPORATION.

United States Court of Appeals, Third Circuit.

Decided January 28, 1980.

Attorney(s) appearing for the Case

Marvin I. Barish (argued), Michael D. Fishbein, Adler, Barish, Daniels, Levin & Creskoff, Philadelphia, Pa., John Biggs, III, Biggs & Battaglia, Wilmington, Del., for appellants.

Peter M. Sieglaff (argued), Potter, Anderson & Corroon, Wilmington, Del., for Creole Petroleum; Daniel J. Dougherty, Mark Muller, Kirlin, Campbell & Keating, New York City, of counsel.

Allen M. Terrell, Jr. (argued), William J. Wade, Richards, Layton & Finger, Wilmington, Del., for Exxon Corp.; George D. Byrnes, Exxon Corp., New York City, of counsel.

Before GIBBONS, HIGGINBOTHAM, Circuit Judges, WEINER, District Judge.

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

In November, 1975 four Venezuelan men died in an explosion while on a crew launch in Lake Maracaibo, Venezuela. Their widows brought suit in the courts of the United States arguing that the laws of the United States — the Jones Act, 46 U.S.C. § 688, and general maritime law — should be applied to their wrongful death and survival actions. The district court dismissed their complaints, reasoning that United...

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