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CALTON v. ZAPATA LEXINGTON

No. 86-3143.

811 F.2d 919 (1987)

Johnnie Wiley CALTON, IV, Barbara McKeithen Calton Duke, as Tutrix of Arthur Fred Calton, Plaintiffs-Appellants, v. ZAPATA LEXINGTON, her engines, tackle, boilers, etc., in rem, Zapata Offshore Company, in personam, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 9, 1987.

Attorney(s) appearing for the Case

Russell A. Woodard, Columbia, La., for plaintiffs-appellants.

Daniel A. Webb, Patrick C. Grace, Abbott, Webb, Best & Meeks, New Orleans, La., for defendants-appellees.

Before WISDOM, JOHNSON, and GARWOOD, Circuit Judges.

JOHNSON, Circuit Judge:

The children of a deceased seaman's first marriage sued their father's employer. The district court granted the employer's motion to dismiss, on the ground that the seaman's personal representative, his widow, had already settled all claims. We conclude that the plaintiff's proper recourse lies against the personal representative, and affirm.

I. BACKGROUND

Johnnie Wiley Calton III died on September 14, 1984, in an explosion...

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