273 F.Supp. 248 (S.D.Ala. 1967), 3165, Rhoditis v. Hellenic Lines, Limited

Docket Nº:3165.
Citation:273 F.Supp. 248
Party Name:Zacharias RHODITIS, Libelant, v. HELLENIC LINES, LTD. and Universal Cargo Carriers, Inc., and the SS HELLENICHERO, her engines, boilers, cargo, tackle, etc., Respondents.
Case Date:October 04, 1967
Court:United States District Courts, 11th Circuit, Southern District of Alabama
 
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Page 248

273 F.Supp. 248 (S.D.Ala. 1967)

Zacharias RHODITIS, Libelant,

v.

HELLENIC LINES, LTD. and Universal Cargo Carriers, Inc., and the SS HELLENICHERO, her engines, boilers, cargo, tackle, etc., Respondents.

No. 3165.

United States District Court, S.D. Alabama, Southern Division.

Oct. 4, 1967

Page 249

Ross Diamond, Jr., Diamond, Lattof & Favre, Mobile, for libelant.

George F. Wood, Pillans, Reams, Tappan, Wood & Roberts, Mobile Ala., for respondents.

DANIEL HOLCOMBE THOMAS, Chief Judge.

This action is brought by an alien seaman to recover for personal injuries sustained aboard the SS HELLENIC HERO on August 3, 1965, in the Port of New Orleans, Louisiana.

FINDINGS OF FACT

1. Zacharias Rhoditis was a citizen of Greece serving aboard the SS HELLENIC HERO in the capacity of an A/B seaman on August 3, 1965, when he was injured.

2. The SS HELLENIC HERO is owned by Universal Cargo Carriers, Inc., a Panamanian corporation, files the flag of Greece, and is managed by Hellenic Lines, Ltd., a Greek corporation.

3. Pericles G. Callimanopulos, a citizen of Greece, owns in excess of ninety five (95) per cent of the stock of both corporations.

4. Pericles G. Callimanopulos has resided in this country in excess of twenty (20) years.

5. The principal offices of the Respondents are located at 39 Broadway, New York, New York.

6. The SS HELLENIC HERO, at the time of this accident and continuing until the time of trial, was engaged in a regularly scheduled run between various Gulf ports of the United States and ports in the Middle East. One hundred (100) per cent of this vessel's income was from cargo either originating or terminating in United States ports.

7. The business operation of Respondents is clearly managed and operated from the United States.

8. The Libelant, an illiterate Greek seaman, was injured in the Port of New Orleans, Louisiana, when the SS HELLENIC HERO was being tied up to a dock in said Port.

9. The Libelant was injured as the proximate result of the negligence of the employees of the Respondents and the unseaworthiness of the equipment of the SS HELLENIC HERO. The Respondents offered no evidence in opposition to the claim on its merits.

CONCLUSIONS OF LAW

Following the law announced in Lauritzen v. Larsen, 345 U.S. 571, 73 S.Ct. 921, 97 L.Ed. 1254, it would seem to us that the...

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