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ATLANTIC LAND & IMP. CO. v. UNITED STATES

No. 85-3728.

790 F.2d 853 (1986)

ATLANTIC LAND & IMPROVEMENT COMPANY, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 3, 1986.

Attorney(s) appearing for the Case

George K. Dunham, CSX Corp., Richmond, Va., for plaintiff-appellant.

Michael L. Paup, Chief, Appellate Section, Tax Div., U.S. Dept. of Justice, Glenn L. Archer, Jr., David Pincus, Nancy G. Morgan, Assts. Atty. Gen., Washington, D.C., for defendant-appellee.

Before HILL, Circuit Judge, HENDERSON and BROWN, Senior Circuit Judges.

HENDERSON, Senior Circuit Judge:

This appeal focuses on the sole issue of whether a longshoreman in the peculiar circumstances of this case is a railroad employee. The plaintiff-appellant, Atlantic Land & Improvement Company (AL & I), is a wholly owned subsidiary of Seaboard Coast Line Railroad (SCL). Its primary function is to acquire and develop real estate for SCL.

AL & I owned and operated the Rockport facility (Rockport) in Tampa, Florida...

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