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ETHERIDGE v. SUB SEA INTERN., INC.

Civ. A. No. 91-2219.

806 F.Supp. 598 (1992)

Charles D. ETHERIDGE, et al. v. SUB SEA INTERNATIONAL, INC.

United States District Court, E.D. Louisiana.

November 17, 1992.

Attorney(s) appearing for the Case

Roy H. Maughan, Maughan, Atkinson & Martin, Baton Rouge, La., Eldon E. Fallon, Stevan C. Dittman, Madeleine Marie Landrieu, Gainsburgh, Benjamin, Fallon, David & Ates, New Orleans, La., T. Mack Brabham, McComb, Miss., for plaintiffs Charles D. Etheridge and Pamela Etheridge.

Bruce D. Burglass, Jr., Michael J. Rocks, Lemle & Kelleher, New Orleans, La., for defendants Sub Sea Intern., Inc. and Odeca Oil and Gas Co.

Wood Brown, III, John Christopher Person, Arthur Gordon Grant, Jr., Frederick Theodore Haas, III, Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, La., for defendant Cross Marine Inc.

ORDER AND REASONS

FELDMAN, District Judge.

The defendant, Sub Sea, moves for summary judgment on the ground that the plaintiff was not assigned to an identifiable fleet of vessels and cannot be a Jones Act seaman. This motion forces a question: when does the admiralty law elevate form over substance? The answer, in this case, is when courts try to define what is a "fleet" of vessels in the context of the Fifth Circuit's seaman status test.

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