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COLON v. APEX MARINE CORP.

No. 94-1522.

35 F.3d 16 (1994)

Daniel COLON, Jr., Plaintiff, Appellant, v. APEX MARINE CORPORATION c/o Westchester Shipping Company, Inc., and Westchester Marine, Inc. and Westchester Marine Shipping Company, Inc. and Vertigo, Inc., d/b/a Tillies King Shipping Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 15, 1994.

Attorney(s) appearing for the Case

Carroll E. Ayers, Wakefield, MA, for appellant.

Gordon Arnott with whom Gregory O'Neill, Hill, Betts & Nash, New York City, Charles N. Redihan, Jr., Thomas C. Plunkett and Kiernan, Plunkett & Redihan, Providence, RI, were on brief for appellees Apex Marine Corp. and Westchester Marine Shipping Co., Inc.

Before BOUDIN, Circuit Judge, ALDRICH, Senior Circuit Judge, and YOUNG, District Judge.

PER CURIAM.

This case presents an interesting issue concerning the reach of the "scope of employment" requirement under the Jones Act, 46 U.S.C. § 688, as applied to a unique set of facts. In explaining its decision to grant the defense motion for summary judgment, Colon v. Apex Marine Corp., 832 F.Supp. 508 (D.R.I.1993), the district court issued a decision thoroughly analyzing the precedents and the pertinent facts...

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