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COMPLAINT OF MERRY SHIPPING, INC.

No. 80-7292.

650 F.2d 622 (1981)

In the Matter of: The Complaint of MERRY SHIPPING, INC., as owner of the tugboat "Royal Lady" for Exoneration from or Limitation of Liability, Lillian DYER, as the personal representative of the Estate of Charles Walter Dyer, Jr., Deceased, Plaintiff-Appellant-Cross Appellee, v. MERRY SHIPPING COMPANY, INC., Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied September 29, 1981.

Attorney(s) appearing for the Case

Ashman & Zipperer, Charles R. Ashman, Ralph R. Lorberbaum, Savannah, Ga., for plaintiff-appellant-cross appellee.

Bouhan, Williams & Levy, Edwin D. Robb, Jr., Savannah, Ga., for defendant-appellee-cross appellant.

Before TUTTLE, RONEY and VANCE, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 29, 1981.

RONEY, Circuit Judge:

The chief issue on appeal is one of first impression in this Circuit: may punitive damages be recovered in a seaman's action brought under either general maritime law or the Jones Act, or both. We hold that punitive damages may be recovered under general maritime law upon a showing of willful and wanton misconduct by the shipowner in the creation or maintenance of unseaworthy...

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