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COHEN v. S/S CONSUMER

No. 84-2189.

746 F.2d 1069 (1984)

J. Charles COHEN, Plaintiff-Appellant, v. S/S CONSUMER, her engines, boilers, tackle, appurtenance, etc., in rem and Sea-Land Service, Inc., in personum, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 19, 1984.

Attorney(s) appearing for the Case

Newton B. Schwartz, Harold L. Sosebee, Jr., Houston, Tex., for plaintiff-appellant.

Eastham, Watson, Dale & Forney, Joseph Newton, Houston, Tex., for defendants-appellees.

Before GEE, JOHNSON, and DAVIS, Circuit Judges.

JOHNSON, Circuit Judge:

J. Charles Cohen appeals the granting of summary judgment in favor of Sea-Land Services, Inc. (Sea-Land), on the issue of Sea-Land's liability for double wage penalties under 46 U.S.C. § 596. Cohen argues that a check issued by Sea-Land which was lost by Cohen did not constitute payment of wages under Section 596; thus, the double wage penalty provision of section 596 was triggered. For the reasons stated below, the district court is affirmed...

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