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FOWLES v. AMERICAN EXPORT LINES, INC.

No. 64 Ad. 535.

300 F.Supp. 1293 (1969)

Marcus A. FOWLES, Dominick A. Cannell, Benjamin Bellamy, Zenon E. Rivera, and Rafael Valezquez, suing on behalf of themselves and all other members of the unlicensed crew of the S/S EXCALIBUR, Libellants, v. AMERICAN EXPORT LINES, INC., Respondent.

United States District Court S. D. New York.

June 13, 1969.

Attorney(s) appearing for the Case

Abraham E. Freedman, New York City, for libellants.

Haight, Gardner Poor & Havens, New York City, for respondents; by M. E. DeOrchis and LeRoy S. Corsa, New York City, of counsel.

OPINION

EDELSTEIN, District Judge.

Plaintiffs, five crew members of defendant's vessel, S/S EXCALIBUR, brought this suit, purportedly as a class action,1 to recover one month's unearned wages pursuant to 46 U.S.C. § 594. The facts developed at trial, by and large undisputed, are quite simple. The plaintiffs were signed on defendant's passenger vessel on March 2, 1964, for a voyage to one or more ports in the Mediterranean...

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