Southwest Marine, Inc. v. Gizoni, 502 U.S. 81, 3 (1991)

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Cite as: 502 U. S. 81 (1991)

Opinion of the Court

Preston Easley argued the cause and filed briefs for respondent.

Robert A. Long, Jr., argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Deputy Solicitor General Shapiro, Allen H. Feldman, Kerry L. Adams, and Deborah Greenfield.*

Justice White delivered the opinion of the Court.

The question presented is whether a maritime worker whose occupation is one of those enumerated in the Long-shore and Harbor Workers' Compensation Act (LHWCA), 44 Stat. 1424, as amended, 33 U. S. C. § 901 et seq., may yet be a "seaman" within the meaning of the Jones Act, 46 U. S. C. App. § 688, and thus be entitled to bring suit under that statute.

I

Petitioner Southwest Marine, Inc., operates a ship repair facility in San Diego, California. In connection with its ship repair activities, Southwest Marine owns several floating platforms, including a pontoon barge, two float barges, a rail barge, a diver's barge, and a crane barge. These platforms by themselves have no power, means of steering, navigation lights, navigation aids, or living facilities. They are moved about by tugboats, which position the platforms alongside vessels under repair at berths or in drydock at Southwest Marine's shipyard or at the nearby naval station. The platforms are used to move equipment, materials, supplies, and vessel components around the shipyard and on to and off of

*Briefs of amici curiae urging reversal were filed for Global Marine, Inc., et al. by Forrest Booth, Winston E. Rice, and Eileen R. Madrid; and for the Shipbuilders Council of America by John L. Wittenborn and Franklin W. Losey.

John R. Hillsman filed a brief for the United Brotherhood of Carpenters and Joiners of America as amicus curiae urging affirmance.

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