Heros v. Cockinos
Citation | 177 F.2d 570 |
Decision Date | 07 November 1949 |
Docket Number | No. 5920.,5920. |
Parties | HEROS et al. v. COCKINOS et al. |
Court | U.S. Court of Appeals — Fourth Circuit |
Burt M. Morewitz and J. L. Morewitz, Newport News, Va. (Morewitz & Morewitz, Newport News, Va., on the brief), for appellants.
Hugh S. Meredith, Norfolk, Va. (Vandeventer & Black, Norfolk, Va., on the brief), for appellees.
Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.
This is an appeal from an order dismissing a seaman's wage case for lack of jurisdiction. The libellants were eleven Greek seamen who had signed on the Greek vessel Eugenia Chandris. These seamen were discharged in Barcelona, Spain, on August 4, 1948, and suit was commenced in their behalf when they returned to the United States on August 31. Since the seamen did not return with the vessel on the voyage which ended in the waters of the United States and were not present here when the suit was instituted, the learned judge below was of opinion that the court was without jurisdiction of the controversy.
It appears from the pleadings and the depositions taken in the court below that all except three of the seamen were employed on the vessel in ports of the United States and were paid advances on unearned wages at the time of their employment in violation of the provisions of the Seamen's Act, 46 U.S.C.A. § 599. It appears, also, that these illegal advances were deducted from settlements made at the end of voyages terminating in the United States and that further advances were then made on unearned wages, and further that, after suit was instituted, respondents made answer to the libel in connection with the taking of testimony of the ship's officers and paid into court the sum of $1,723.24 as the amount of wages due libellants at the time of their discharge. Under these circumstances we think it clear that the court had jurisdiction, even though the final voyage of the seamen, because of their discharge, did not end in the United States. There was a deduction of advances in the United States in violation of our statute, there were settlements made while the vessel was in the territorial waters of the United States, in which these illegal advances were deducted in violation of the same statute; and, finally, the vessel was in waters of the United States at the time suit was instituted and the alleged balance due on wages after the advances had been deducted was paid into court for libellants. The case is governed by our recent decision in Korthinos v. Niarchos, 4 Cir., 175 F.2d 730, 733, where we said: ."
It is to be noted that 46 U.S.C.A. § 599 expressly provides, not only that the payment of such advance wages shall...
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