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HOLLOWAY v. PAGAN RIVER DOCKSIDE SEAFOOD, INC.

No. 11-1046.

669 F.3d 448 (2012)

Timothy Wayne HOLLOWAY, Plaintiff-Appellant, v. PAGAN RIVER DOCKSIDE SEAFOOD, INCORPORATED; Joseph L. Melzer, Jr., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 27, 2012.

Attorney(s) appearing for the Case

ARGUED: Christina Elise James , Kevin P. Shea & Associate, Hampton, Virginia, for Appellant. Danielle D. Giroux , Harman, Claytor, Corrigan & Well-Man, Richmond, Virginia, for Appellees. ON BRIEF: Kevin P. Shea , Kevin P. Shea & Associate, Hampton, Virginia, for Appellant. Richard K. Bennett , Harman, Claytor, Corrigan & Wellman, Richmond, Virginia, for Appellees.

Reversed and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge MOTZ and Judge KING joined.

OPINION

NIEMEYER, Circuit Judge:

Timothy Holloway commenced this action under the Jones Act, 46 U.S.C. § 30104 (formerly codified at 46 U.S.C. app. § 688(a) (2006)), (recodified at 46 U.S.C. § 30104), against Pagan River Dockside Seafood, Inc. and its chief operating officer, Joseph Melzer, alleging in his complaint that he was a seaman in the employ of Pagan River and Melzer and that he had been injured in the course of his employment by...

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