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FANOS v. MAERSK LINE, LTD.

No. 03-40418.

363 F.3d 358 (2004)

Stavros E. FANOS, on behalf of himself and those similarly situated, Plaintiff-Appellant, v. MAERSK LINE, LTD., Maersk Sealand, A.P. Moller Group, Maersk, Inc., Wilmington Trust, Expander Transport Corporation, Expediter Transport Corporation, Expresser Transport Corporation, Exporter Transport Corporation, and Extender Transport Corporation, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 6, 2004.

Attorney(s) appearing for the Case

Thomas M. Stanley, William Andrew Durham (argued), Joseph Durkin Ledgard, Eastham, Watson, Dale & Forney, Houston, TX, Alton C. Todd, The Law Firm of Alton C. Todd, Friendswood, TX, for Plaintiff-Appellant.

William A. Worthington (argued), Bijan R. Siahatgar, Strasburger & Price, Houston, TX, for Defendants-Appellees.

Before DAVIS and EMILIO M. GARZA, Circuit Judges, and LITTLE, District Judge.

LITTLE, District Judge:

Stavros E. Fanos, a former radio electronics officer and member of the American Maritime Officers Union ("the union"), appeals an adverse summary judgment in his action seeking wages and penalty wages. The district court made three holdings in the alternative: (1) the vacation pay at issue is not a seaman's wage within the meaning of 46 U.S.C. § 10313, (2) even if the vacation pay were a wage...

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