DONOVAN v. TEXACO, INC.

No. 82-2248.

720 F.2d 825 (1983)

Raymond J. DONOVAN, Secretary of Labor United States Department of Labor, Plaintiff-Appellant, v. TEXACO INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 2, 1983.


Attorney(s) appearing for the Case

Mary-Helen Mautner, John A. Bryson, U.S. Dept. of Labor, Washington, D.C., for plaintiff-appellant.

James D. Garrison, Susannah B. Wilshire, Houston, Tex., for defendant-appellee.

Proskauer, Rose, Goetz & Mendelsohn, Bettina B. Plevan, Shelley Sanders Kehl, New York City, for amicus-Tanker Service Committee, Inc. & AIMS.

Before CLARK, Chief Judge, GEE and POLITZ, Circuit Judges.


GEE, Circuit Judge:

The major issue in this case is whether OSHA's prohibition against retaliatory discharge of a complaining employee applies to blue-water seamen. We hold that it does not.

Facts

Donald Jensenius, a Coast Guard-licensed engineering officer employed by defendant Texaco Inc. in its deep sea fleet, complained directly to the Coast Guard about the condition of certain generating equipment on his vessel, without first advising...

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