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IVY v. SECURITY BARGE LINES, INC.,

No. 76-4130.

585 F.2d 732 (1978)

Warnie Lee IVY et al., Plaintiffs-Appellees, Cross-Appellants, v. SECURITY BARGE LINES, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

December 4, 1978.

Attorney(s) appearing for the Case

Philip Mansour, Martin A. Kilpatrick, Greenville, Miss., for defendant-appellant, cross-appellee.

Joshua A. Tilton, Marvin L. Jeffers, Baton Route, La., for plaintiffs-appellees, cross-appellants.

Before COLEMAN, CLARK and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

In this case we explore for the first time since the Supreme Court's decision in Mobil Oil Corp. v. Higginbotham, 1978, 436 U.S. 618, 98 S.Ct. 2010, 56 L.Ed.2d 581, the question whether damages for nonpecuniary losses may be recovered in a Jones Act suit for the death of a decedent on the territorial waters of the United States. We find ourselves compelled...

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