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MORNING v. ZAPATA PROTEIN (USA), INC.

No. 96-2308.

128 F.3d 213 (1997)

Bob D. MORNING, Sr., Plaintiff-Appellant, v. ZAPATA PROTEIN (USA), INCORPORATED, formerly known as Zapata Haynie Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 27, 1997.

Attorney(s) appearing for the Case

ARGUED: Jesse Marden Suit, III, Rutter & Montagna, L.L.P., Norfolk, VA, for Appellant. Albert Davis Bugg, Jr., Rumsey & Bugg, Irvington, VA, for Appellee.

Before WILKINSON, Chief Judge, RUSSELL, Circuit Judge, and BOYLE, Chief United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge RUSSELL and Chief Judge BOYLE joined.

WILKINSON, Chief Judge:

OPINION

Appellant Robert D. Morning advances two grounds for overturning the jury verdict for appellee Zapata Protein (USA), Inc. on his Jones Act claim. First, he alleges that Zapata's peremptory strikes of two potential jurors were impermissibly race-based under Batson v. Kentucky,

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