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SIPE v. AMERADA HESS CORP.

Nos. 81-2689 to 81-2692 and 81-3005 to 81-3007.

689 F.2d 396 (1982)

William SIPE, individually and on behalf of all other persons who are similarly situated, Plaintiff-Appellant in Nos. 81-2689, 81-3005 and Cross-Appellee, v. AMERADA HESS CORPORATION, Defendant-Third Party Plaintiff-Appellant in Nos. 81-2690, 81-3006 and Cross-Appellee, v. STATE of New Jersey, DEPARTMENT OF LABOR AND INDUSTRY OF the STATE OF NEW JERSEY, John J. Horn, individually and in his capacity as Commissioner of the Department of Labor and Industry, The Division of Unemployment and Disability Insurance and Joseph S. Viviani, individually and in his capacity as Director of the Division of Unemployment and Disability Insurance, Third Party Defendants-Appellants in No. 81-2692. Ralph NOTARGIACOMO, individually and on behalf of all other persons who are similarly situated, Plaintiff-Appellant in Nos. 81-2689, 81-3005 and Cross-Appellee, v. UNITED STATES LINES, INC., Defendant-Third Party Plaintiff-Appellant in Nos. 81-2691, 81-3007 and Cross-Appellee, v. STATE of New Jersey, DEPARTMENT OF LABOR AND INDUSTRY OF the STATE OF NEW JERSEY, John J. Horn, individually and in his capacity as Commissioner of the Department of Labor and Industry, The Division of Unemployment and Disability Insurance and Joseph S. Viviani, individually and in his capacity as Director of the Division of Unemployment and Disability Insurance, Third Party Defendants-Appellants in No. 81-2692. Donald HENDERSON, Jr., individually and on behalf of all other persons who are similarly situated, Plaintiff-Appellant in Nos. 81-2689, 81-3005, v. SEA-LAND SERVICE, INC., Defendant-Appellee, and State of New Jersey, Department of Labor and Industry of the State of New Jersey, John J. Horn, individually and in his capacity as Commissioner of the Department of Labor and Industry, The Division of Unemployment and Disability Insurance and Joseph S. Viviani, individually and in his capacity as Director of the Division of Unemployment and Disability Insurance, Defendants-Appellants in No. 81-2692.

United States Court of Appeals, Third Circuit.

Decided September 10, 1982.

Attorney(s) appearing for the Case

George J. Cappiello, Jr. (argued), Phillips & Cappiello, New York City, Waters, McPherson, Hudzin & McNeill, Jersey City, N.J., for William Sipe, Ralph Notargiacomo, Donald Henderson, Jr.

Milton B. Conford (argued), Wilentz, Goldman & Spitzer, Woodbridge, N.J., for Amerada Hess Corp.

Stephen B. Wiley (argued), Robert Goldsmith, Wiley, Malehorn & Sirota, Morristown, N.J., for United States Lines, Inc.

Robert J. Attaway (argued), Princeton, N.J., Jeffrey L. Reiner, Meyner & Landis, Newark, N.J., for Sea-Land Service, Inc.

Michael S. Bokar (argued), Deputy Atty. Gen., Erminie L. Conley, Asst. Atty. Gen., Irwin I. Kimmelman, Atty. Gen. of N.J., Trenton, N.J., for State of New Jersey, et al.

Before SEITZ, Chief Judge, and SLOVITER and BECKER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

In these consolidated cases, plaintiff seamen allege that the withholding of a portion of their wages by their employers pursuant to New Jersey's unemployment compensation and temporary disability benefits tax laws violates 46 U.S.C. § 601. They seek injunctive relief, a refund of monies withheld, and additional damages provided for by 46 U.S.C. § 596. The district court

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