Helen Ehret Bach, Eugene G. Bach, Iii, Janet B. Lashley v. Trident Steamship Company, Inc.

947 F.2d 1290, 1992 A.M.C. 643, 1991 U.S. App. LEXIS 28188, 1991 WL 236863

Opinions

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before BROWN, JOLLY and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This cause has been remanded to us by the Supreme Court — U.S. —, 111 S.Ct. 2253, 114 L.Ed.2d 706, for reconsideration in light of McDermott International, Inc. v. Wilander, 498 U.S. —, 111 S.Ct. 807, 112 L.Ed.2d 866 (1991). The Court in Wil-ander concluded that a maritime worker need not aid in the navigation of a vessel to be a seaman. That holding, however, does not affect this court’s conclusion that Bach was not a seaman. We did not base our decision on Bach’s seaman status on the relationship of his duties to navigation. Indeed, this issue was never in doubt. Instead, we concluded that Bach was not a seaman because he was not permanently assigned to any particular vessel or fleet of vessels.

Because the rule announced by the Supreme Court in Wilander has no effect on our earlier conclusion, we reinstate our previous judgment. Bach v. Trident S.S. Co., 920 F.2d 322 (5th Cir.1991).

The judgment of the district court is AFFIRMED.