BODDEN v. AMERICAN OFFSHORE, INC.

No. 81-2081.

681 F.2d 319 (1982)

Arla BODDEN, et al., Plaintiffs-Appellees, v. AMERICAN OFFSHORE, INC., Defendant, American Operators, Inc., and Zodiac Workboats, S. A., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 26, 1982.


Attorney(s) appearing for the Case

Jack L. Allbritton, Houston, Tex., for defendants-appellants.

Horton, Perse & Ginsberg, Arnold R. Ginsberg, Miami, Fla., for plaintiffs-appellees.

Before BROWN, GOLDBERG and GEE, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

This case presents for our decision a narrow question of first impression, one for whose answer we must gingerly navigate through the channel left by the Moragne-Gaudet-Higginbotham triumvirate of recent Supreme Court pronouncements on the admiralty. Does the surviving spouse of a seaman have a cause of action for wrongful death based on unseaworthiness pursuant to the Death on the High Seas Act where the decedent prior to his...

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