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SMITH v. HARBOR TOWING & FLEETING, INC.

No. 89-3762.

910 F.2d 312 (1990)

Thomas Lynn SMITH, Plaintiff-Appellant, v. HARBOR TOWING & FLEETING, INC., Defendant, Chotin Transportation Co., Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 12, 1990.

Attorney(s) appearing for the Case

A. Remy Fransen, Jr., Wiedemann & Fransen, Chester C. Stetfelt, Jr., New Orleans, La., for plaintiff-appellant.

James F. Shuey, Patrick McShane, New Orleans, La., for Chotin Transp., Inc., Lemele, Kelleher, etc.

Before THORNBERRY, GEE, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 12, 1990.

THORNBERRY, Circuit Judge:

This appeal raises the sole issue of whether a Jones Act seaman who is injured while performing seaman's work aboard a nonemploying shipowner's vessel can sue the shipowner for unseaworthiness as a Sieracki seaman. We hold that a Jones Act seaman cannot assert a Sieracki unseaworthiness cause of action against a vessel on which he is not a crew member.

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