McAllister v. American Trading & Production Corp.

FOLLMER, District Judge.

The libellant here is seeking the imposition of the so-called “two for one”’ penalty provisions of the Revised Statutes, § 4529, 46 U.S.C.A. § 596. He claims that certain of his wages were wrongfully withheld following his failure to rejoin the S. S. “Baltimore Trader” at Shellhaven, England, on March 11, 1948.

Respondent has averred that any sums due libellant were lawfully and properly forfeited under Revised Statutes, § 4596 et seq., 46 U.S.C.A. § 701 et seq., and applied in an amount “sufficient to defray any expenses which shall have been properly incurred in…