Legal Opinion

Richard Patrick Feemster, Sr. v. Bj-Titan Services Co./titan Services, Inc.

Court of Appeals for the Fifth Circuit

Decided May 22, 1989No. 88-3304PublishedCited by 17 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

Richard Patrick Feemster urges us to create a private right of action under general maritime law for wrongful discharge for refusal to carry out an assignment that would violate a federal safety statute. We decline to create such a right and therefore affirm the judgment of the district court.

I

Richard Patrick Feemster, Sr. is a tugboat captain who worked for BJ-Titan on the M/Y JUNE J, pushing barges. At about 5 p.m. on February 18, 1987, BJ-Titan instructed Feemster to push a barge from Venice, Louisiana, to Lake Pagie, Louisiana, an eighteen-hour trip. Feemster…

2Cases cited2 opinions

  1. Jerry Smith, Cross-Appellee v. Atlas Off-Shore Boat Service, Inc., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1981
  2. Belanger v. Keydril Co.District Court, E.D. Louisiana · 1984

3Cited by17 opinions

  1. Centex Corp. v. United StatesCourt of Appeals for the Federal Circuit · 2005
  2. Nicholas B. Meaige, Jr. v. Hartley Marine Corporation, and Midland Enterprises, IncorporatedCourt of Appeals for the Fourth Circuit · 1991
  3. Hubert Garrie v. James L. Gray, Inc., and Texaco Inc.Court of Appeals for the Fifth Circuit · 1990
  4. Robinson v. Alter Barge Line, Inc.Court of Appeals for the Seventh Circuit · 2008
  5. Zuccolo v. Hannah Marine Corp.Appellate Court of Illinois · 2008

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