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MERRICK v. SEA-LAND SERVICE, INC.

No. 83-5751.

739 F.2d 126 (1984)

Robert L. MERRICK, and Philip A. Kachinski, Appellants, v. SEA-LAND SERVICE, INC., Appellee.

United States Court of Appeals, Third Circuit.

Decided July 11, 1984.

Attorney(s) appearing for the Case

Ned R. Phillips, George J. Cappiello (argued), Phillips & Cappiello, P.C., New York City, Francis J. Dooley, Orange, N.J., for appellants.

Michael D. Wilson (argued), Hoboken, N.J., for appellee; Sandra R.M. Gluck, Kathleen V. McQuilling, Walker & Corsa, New York City, of counsel.

Before WEIS and BECKER, Circuit Judges, and OLIVER, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal involves the interrelationship of two provisions — one statutory and one contractual — designed to ensure that seamen are paid promptly for the work they perform. The statutory provision, popularly known as the penalty wage statute, is 46 U.S.C. § 596.1 It provides that the owner of any vessel making foreign...

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