Emmett E. Neathery v. M/v Overseas Marilyn and Maritime Overseas Corporation

ERVIN, Circuit Judge:

This case involves the attempt by a seaman, Emmett E. Neathery, to recover unpaid wages. By a comedy of errors, Neathery was left behind when the M/V OVERSEAS MARILYN, a vessel owned by Maritime Overseas Corporation (“Shipowner”) on which he had contracted to serve, sailed for the Netherlands. Neathery appeals the district court’s decision denying his claims for relief. Because the district court misread the applicable federal statute in reaching its decision, we reverse.

I

On March 10,1981, Neathery signed shipping articles (an employment contract) through his union hall…