Legal Opinion

Eaton v. SS Export Challenger

Court of Appeals for the Fourth Circuit

Decided April 6, 1967No. 10904PublishedCited by 7 opinions

1Opinion of the Court

WINTER, Circuit Judge:

In this appeal we are called upon to determine the application of 46 U.S.C.A. § 596, which provides a penalty for withholding wages, to a seaman working on port time. The district judge denied the seaman’s claim for recovery of the penalty and allowed him only his wages for one day, less maintenance and cure. Judgment was, therefore, entered for $2.16. For reasons we shall presently state, we affirm.

Libelant, Earnest Eaton, was employed by respondent on board the SS “EXPORT CHALLENGER” from December 20, 1964 until February 24,1965. On the latter date he was paid all of…

2Cases cited4 opinions

  1. Pacific Mail Steamship Co. v. SchmidtSupreme Court of the United States · 1916
  2. Pacific Mail S. S. Co. v. SchmidtCourt of Appeals for the Ninth Circuit · 1914
  3. Gardner v. The L. N. DanzlerDistrict Court, E.D. Virginia · 1959
  4. Schmidt v. Pacific Mail S. S. Co.District Court, N.D. California · 1913

3Cited by7 opinions

  1. Walter L. Compton, Jr. v. Alton Steamship Company, Inc.Court of Appeals for the Fourth Circuit · 1979
  2. Thompson v. Offshore Co.District Court, S.D. Texas · 1977
  3. Morewitz v. Andros Compania MaritimaCourt of Appeals for the Fourth Circuit · 1980
  4. Chung, Yong Il v. Overseas Navigation Co.Court of Appeals for the Eleventh Circuit · 1985
  5. Chung, Yong Il, Cross-Appellants, and Hanseung Shipping Co., Ltd., R. S. Price, Plaintiff-Intervenor v. Overseas Navigation Co., Ltd., and Jimmy Mardikos, Crossclaim-Plaintiffs, Counterclaim-Defendants, Third-Party Cross-Appellees. M v. Beaver Spirit, Etc., Crossclaim-Defendant, Hibernia National Bank, Defendant-Crossclaim-Defendant, Counterclaim-Plaintiff, Third-Party Cross-Appellee v. E.F.D. Capitol Group Inc., and Frank Deutsch, Third-Party Cross-AppelleesCourt of Appeals for the Third Circuit · 1985

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