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SILMON v. CAN DO II, INC.

No. 95-30818.

89 F.3d 240 (1996)

Timothy Scott SILMON, Plaintiff-Appellant, v. CAN DO II, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 25, 1996.

Attorney(s) appearing for the Case

David Christopher Whitmore, Lawrence Blake Jones, Scheuermann and Jones, New Orleans, LA, for plaintiff-appellant.

John B. Peuler, McAlpine, Peuler, Cozad and Davie, New Orleans, LA, for defendant-appellee.

Before KING, DAVIS and EMILIO M. GARZA, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Appellant, a member of the crew of the M/V CAN DO II, appeals the dismissal of his maintenance and cure claim which the district court rejected because his illness was due solely to his own willful misconduct. We affirm.

I.

On October 15, 1990, Timothy Scott Silmon began employment as a crew member aboard the M/V CAN DO II, a vessel owned by defendant, Can Do II, Inc. For the...

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