Legal Opinion

Madden v. Lykes Bros. Ripley S. S. Co.

Court of Appeals for the Fifth Circuit

Decided March 19, 1940No. 9324PublishedCited by 7 opinions

1Opinion of the Court

FIOLMES, Circuit Judge.

This is a libel in admiralty brought by appellants, as members of the crew of the S. S. Youngstown, to recover the balance of wages alleged to be due them. The court below dismissed the libel on the ground that appellants were deserters, and, therefore, were not entitled to the recovery sought; hence this appeal.

Before the voyage in question, each of the appellants signed shipping articles before the United States Shipping Commissioner at Houston, Texas, as set out below. 1 The vessel proceeded to several European ports, and some two months later returned to Tampa,…

2Cases cited5 opinions

  1. O'Hara v. Luckenbach Steamship Co.Supreme Court of the United States · 1926
  2. City of NorwichCourt of Appeals for the Second Circuit · 1922
  3. The LarimerDistrict Court, E.D. Pennsylvania · 1909
  4. Monroe v. HernandeCourt of Appeals for the Fourth Circuit · 1921
  5. The NarboDistrict Court, E.D. South Carolina · 1937

3Cited by7 opinions

  1. Ida M. Smith, Administratrix v. Reinauer Oil Transport, Inc.Court of Appeals for the First Circuit · 1958
  2. Makane Kane v. American Tankers Corporation of DelawareCourt of Appeals for the Second Circuit · 1955
  3. Pacific Merchant Shipping Association American Institute of Merchant Shipping Offshore Marine Service Association Western Oil and Gas Association Clean Seas v. Lloyd W. Aubry, Jr., Labor Commissioner, Division of Labor Standards Enforcement, Department of Industrial Relations, State of California v. Tidewater Marine Service, Inc. Western Boat Operators, Inc., Plaintiff/intervenors-AppelleesCourt of Appeals for the Ninth Circuit · 1990
  4. Grivas v. Alianza Compania Armadora S.A.District Court, S.D. New York · 1957
  5. Clayton v. Standard Oil Co.District Court, S.D. Texas · 1941

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