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YOASH v. McLEAN CONTRACTING CO., INC.

Nos. 89-2449, 89-2450.

907 F.2d 1481 (1990)

Paul J. YOASH, Plaintiff-Appellant, v. McLEAN CONTRACTING COMPANY, INC., Defendant-Appellee. Mark CASSON, Plaintiff-Appellant, v. McLEAN CONTRACTING COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1990.

Attorney(s) appearing for the Case

Randolph Craig Baker (argued), Lentz, Hooper, Jacobs & Blevins, P.A., Baltimore, Md. (Joseph F. Lentz, Jr., Lentz, Hooper, Jacobs & Blevins, P.A., on the brief, Baltimore, Md.), for plaintiffs-appellants.

Thomas G. Young, III (argued), Baltimore, Md. (Andrew Martin Battista, Baltimore, Md., on the brief), for defendant-appellee.

Before ERVIN, Chief Judge, SPROUSE, Circuit Judge, and SMITH, United States District Judge for the Eastern District of Virginia, sitting by designation.

REBECCA BEACH SMITH, District Judge:

Paul J. Yoash ("Yoash") and Mark Casson ("Casson") brought separate suits in the district court of Maryland asserting claims under the Jones Act, 46 U.S.C.App. § 688(a), and under the maritime doctrine of unseaworthiness against their former employer, McLean Contracting Company ("McLean"). The district court granted summary judgment in favor of McLean in both cases because neither Yoash nor Casson qualified as a seaman under...

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