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NEATHERY v. M/V OVERSEAS MARILYN

No. 82-1147.

700 F.2d 140 (1983)

Emmett E. NEATHERY, Appellant, v. M/V OVERSEAS MARILYN and Maritime Overseas Corporation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 10, 1983.

Attorney(s) appearing for the Case

Ralph Rabinowitz, Norfolk, Va. (Rabinowitz, Rafal & Swartz, P.C., Norfolk, Va., on brief), for appellant.

Michael F. Leban, Norfolk, Va. (Michael T. Zugelder, Newport News, Va., Seawell, Dalton, Hughes & Timms, Norfolk, Va., on brief), for appellees.

Before SPROUSE and ERVIN, Circuit Judges and BLACK, District Judge.

ERVIN, Circuit Judge:

This case involves the attempt by a seaman, Emmett E. Neathery, to recover unpaid wages. By a comedy of errors, Neathery was left behind when the M/V OVERSEAS MARILYN, a vessel owned by Maritime Overseas Corporation ("Shipowner") on which he had contracted to serve, sailed for the Netherlands. Neathery appeals the district court's decision denying his claims for relief. Because the district court misread the applicable federal statute in reaching...

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