MOREWITZ v. ANDROS COMPANIA MARITIMA, S. A.

No. 79-1034.

614 F.2d 379 (1980)

Stephen J. MOREWITZ, Administrator d.b.n. of the Estate of Fotios Kannes, Deceased, Appellant, v. ANDROS COMPANIA MARITIMA, S. A., Norfolk House, Frederick Street, Nassau, Bahamas and Orion & Global Chartering Co., Inc., a New York corporation or association as owners and/or operators of the vessel EVGENIA G., Appellees, and Liberian EVGENIA G., formerly Greek Evgenia G., her boats, engines, tackle apparel, etc., Caribbean Sea Carriers, Ltd., a Liberian corporation or association, Callosa Compania Naviera, S. A., a Panamanian corporation or association, Capeside Steamship Co., Ltd., an English corporation or association, United Shipping and Trading Co. of Greece, S. A. a Greek corporation or association, Andros Maritime Company Limited, Norfolk House, Frederick Street, Nassau, Bahamas, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided January 28, 1980.


Attorney(s) appearing for the Case

Burt M. Morewitz, Newport News, Va. (Herbert Lebovici, New York City, on brief), for appellant.

John R. Crumpler, Jr., Norfolk, Va. (Seawell, McCoy, Dalton, Hughes, Gore & Timms, Norfolk, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, FIELD, Senior Circuit Judge, and MURNAGHAN, Circuit Judge.


MURNAGHAN, Circuit Judge:

Fotios Kannes, a Greek seaman, died at sea near the Philippine Islands aboard the cargo vessel EVGENIA G. on November 26, 1973. Asserting claims (a) for unpaid wages under 46 U.S.C. §§ 596, 597, 599, (b) for damages based on negligence under the Jones Act, 46 U.S.C. § 688 and (c) for damages based on unseaworthiness under the general maritime law, the personal representative (Appellant) commenced the instant suit in the United...

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