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BUNCH v. CANTON MARINE TOWING CO., INC.

No. 04-1292.

419 F.3d 868 (2005)

Ashley R. BUNCH, Appellant, v. CANTON MARINE TOWING CO., INC., a Missouri Corporation; Sir Joseph, an inland river towboat, Her Engines, Boilers, etc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 23, 2005.

Attorney(s) appearing for the Case

Jeffrey T. McPherson, argued, St. Louis, Missouri (David G. Ott, Cynthia A. Sciuto, and Craig G. Moore, St. Louis, Missouri, on the brief), for appellant.

Greg J. Erickson, Sr., argued, St. Louis, Missouri (Ronald E. Fox, St. Louis, Missouri, on the bief), for appellee.

Before RILEY, McMILLIAN, and GRUENDER, Circuit Judges.

RILEY, Circuit Judge.

Ashley Bunch (Bunch) was injured aboard the M/V Sir Joseph (Sir Joseph), a tugboat owned by Bunch's employer, Canton Marine Towing Company, Inc. (Canton). Bunch sued Canton and the Sir Joseph (defendants) under section 33 of the Merchant Marine Act of 1920, 46 U.S.C. app. § 688, commonly known as the Jones Act. The district court granted summary judgment to the defendants, concluding Bunch was not a "seaman" covered by the Jones Act, because...

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