FAVORITE v. MARINE PERSONNEL AND PROVISIONING, INC.

Nos. 90-3833, 91-3170.

955 F.2d 382 (1992)

Clifton FAVORITE, Plaintiff-Appellant, v. MARINE PERSONNEL AND PROVISIONING, INC., Individually, and as Agent for Marine Transport Management Company, Inc., et al., Defendants-Appellees. Clifton FAVORITE, Plaintiff-Appellant, v. MARINE PERSONNEL AND PROVISIONING, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 12, 1992.


Attorney(s) appearing for the Case

Marcus James Poulliard, Guy Edward Weigel, Seelig, Cossé, Frischhertz & Poulliard, New Orleans, La., for plaintiff-appellant.

Glenn Paul Orgeron, Michael A. McGlone, Lemle & Kelleher, New Orleans, La., for defendants-appellees.

Thomas L. Jones, Sr., Adm. Counsel, Torts Branch, Civ. Div., Dept. of Justice, Washington, D.C., Harry Rosenberg, U.S. Atty., New Orleans, La., for U.S.A.

Before REAVLEY, JOLLY, and DAVIS, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

Clifton Favorite, a seaman aboard a privately owned vessel leased to the United States, sued his employer, who operated the vessel, for injuries suffered aboard the vessel. The questions we address are whether the two contracts between the United States and Favorite's employer, first, rendered the vessel a public vessel and, second, rendered Favorite's employer an agent of the United States. If so, Favorite's sole remedy is against the...

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