FOULK v. DONJON MARINE CO., INC.

Nos. 97-5235, 97-5269.

144 F.3d 252 (1998)

Layne B. FOULK; Marjorie E. Foulk, h/w v. DONJON MARINE COMPANY, INC., Defendant/Third-Party Plaintiff v. BREAKWATERS INTERNATIONAL, INC., Third-Party Defendant Donjon Marine Company, Inc., Appellant in 97-5235. Layne B. Foulk; Marjorie E. Foulk, Appellants in 97-5269.

United States Court of Appeals, Third Circuit.

Decided May 11, 1998.


Attorney(s) appearing for the Case

David B. Winkler, Marvin I. Barish, Law Offices, Philadelphia, PA, for Foulks.

Raymond R. Wiss (Argued), Thomas K. Bouregy, Jr., Wiss & Cooke, Hackensack, NJ, for Donjon Marine Company, Inc.

Edward R. Murphy, Elizabeth A. Dalberth, Murphy & O'Connor, Haddonfield, NJ, Gary S. Lee (Argued), Thomas R. Beer, Barger & Wolen, New York City, for Breakwaters International, Inc.

Before: GREENBERG, ROTH and SEITZ, Circuit Judges.


OPINION OF THE COURT

ROTH, Circuit Judge:

This interlocutory appeal involves two questions: (1) whether we have jurisdiction of it, and (2) whether an individual is precluded from being a "seaman" for purposes of the Jones Act, 46 U.S.C.App. § 688, if his relationship with a barge/diving station in question is only 10 days in duration. On the first issue, we will deny appellee/third-party defendant, Breakwaters International, Inc.'s, motion to dismiss...

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