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HURST v. PILINGS & STRUCTURES, INC.

No. 89-5469.

896 F.2d 504 (1990)

Floyd HURST, Plaintiff-Appellant, v. PILINGS & STRUCTURES, INC., A Florida Corporation, Defendant-Appellee, Florida Insurance Guaranty, Association, Third-Party Defendant.

United States Court of Appeals, Eleventh Circuit.

March 13, 1990.

Attorney(s) appearing for the Case

Ronald Payne, Ft. Lauderdale, Fla., for plaintiff-appellant.

George D. Gabel, Jr., Jacksonville, Fla., for defendant-appellee.

Jesse W. Miller, Islamorada, Fla., Ronald Fitzgerald, Ft. Lauderdale, Fla., for third-party defendant-correspondence only/not a party.

Before HATCHETT and EDMONDSON, Circuit Judges, and DYER, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

Appellant Hurst, a diver, claims that he was injured as he attempted to climb out of the water onto his employer's spud barge. The issue on appeal is whether the spud barge was a "vessel in navigation" for purposes of the Jones Act, 46 U.S.C.A.App. § 688 (West Supp.1989). The district court granted summary judgment for Hurst's employer, finding as a matter of law that the spud barge was not a vessel. We affirm.

The Jones Act...

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