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IVY v. SECURITY BARGE LINES, INC.

No. 76-4130.

606 F.2d 524 (1979)

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.

November 13, 1979.

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 Rouge, La., for plaintiffs-appellees, cross-appellants.

Harvey J. Lewis, of Kierr, Gainsburgh, Benjamin, Fallon & Lewis, New Orleans, La., amicus curiae for Louisiana Trials Lawyers Assoc.

Before BROWN, Chief Judge, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, and KRAVITCH, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

We gathered en banc to consider whether damages for loss of society may be recovered by the survivor of a Jones Act seaman who met death in territorial waters of the United States as a result of negligence for which his employer was liable. The settled Jones Act jurisprudence denying recovery for this and other elements of nonpecuniary loss and the absence of any adequate reason to take a different...

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