United States Second Circuit

In an action for penalties under the seaman's wage statutes, 46 U.S.C. sections 10313, 10504, summary judgment is affirmed where defendant, the nominal vessel owner, had given over control and operation of the vessel to another entity such that defendant was not an "owner" under the wage penalty statute.

Appellate Information

• Decided 09/25/2003
• Published 09/25/2003

Judges

• KATZMANN, Circuit Judge., Before:  CALABRESI and KATZMANN, Circuit Judges, and POLLACK, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Joseph J. Perrone (John K. Fulweiler, on the brief), De Orchis & Partners, LLP, New York, NY, on behalf of Plaintiff-Appellant-Cross-Appellee Terry J. Williams., John D. Kimball (Alan M. Weigel, on the brief), Healy & Bailie, LLP, New York, New York, on behalf of Defendant-Appellee-Cross-Appellant Wilmington Trust Company.