J. Charles Cohen v. S/s Consumer, Her Engines, Boilers, Tackle, Appurtenance, Etc., in Rem and Sea-Land Service, Inc., in Personum

JOHNSON, Circuit Judge:

J. Charles Cohen appeals the granting of summary judgment in favor of Sea-Land Services, Inc. (Sea-Land), on the issue of Sea-Land’s liability for double wage penalties under 46 U.S.C. § 596. Cohen argues that a check issued by Sea-Land which was lost by Cohen did not constitute payment of wages under Section 596; thus, the double wage penalty provision of section 596 was triggered. For the reasons stated below, the district court is affirmed.

I. Facts

The pertinent facts are not in dispute. J. Charles Cohen, the appellant, was a crew member on board the S/S CONSUMER from…