John Futch, Individually and as Personal Representative of Cecil Futch v. Midland Enterprises, Inc., Etc.

CLARK, Circuit Judge:

While the who-has-standing-to-sue-un der-Moragne question which this cause presents is novel, the district court’s answer — the personal representative of the deceased — is clearly correct.

Cecil Futch drowned when the towboat and barge on which he was employed as an able-bodied seaman capsized. The vessels were owned by defendants, Midland Enterprises, Inc. and The Ohio River Company, and bareboat chartered to and operated by defendant, Red Circle Transport Company. For a consideration of 75,000 dollars, Futch’s widow and Administratrix executed a receipt and release…