Legal Opinion

Rocco P. Digiovanni, Jr. v. Traylor Brothers, Inc.

Court of Appeals for the First Circuit

Decided March 27, 1992No. 90-1957PublishedCited by 55 opinions

1Opinion of the Court

OPINION EN BANC

BAILEY ALDRICH, Senior Circuit Judge.

Defendant petitions for rehearing on the single issue of Jones Act recovery, renewing its claim that plaintiff, a member of the carpenter’s union, is not a seaman, and the barge, the BETTY F, was not to be regarded as a vessel, particularly in light of a number of recent cases, notably in the Fifth Circuit. It asks us to reconsider our holding in Bennett v. Perini Corp., 510 F.2d 114 (1st Cir.1975). Defendant asserts that, by speaking in terms of vessels, we have extended the concept of special protection needed for seamen exposed to the…

2Cases cited30 opinions

  1. Morissette v. United StatesSupreme Court of the United States · 1952
  2. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  3. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  4. McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
  5. Gutierrez v. Waterman Steamship Corp.Supreme Court of the United States · 1963

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3Cited by55 opinions

  1. Chandris, Inc. v. LatsisSupreme Court of the United States · 1995
  2. Stewart v. Dutra Construction Co.Supreme Court of the United States · 2005
  3. In Re the Complaint of the Sea Vessel, Inc., for Exoneration From or Limitation of Liability as the Owner of the M/v Sea Lion v v. Juan ReyesCourt of Appeals for the Eleventh Circuit · 1994
  4. Albert C. Reeves Dolores Reeves, His Wife v. Mobile Dredging & Pumping Company, Inc., Albert C. Reeves and Dolores ReevesCourt of Appeals for the Third Circuit · 1994
  5. South Port Marine, LLC v. Gulf Oil Ltd. PartnershipCourt of Appeals for the First Circuit · 2000

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