John J. Rogers v. American President Lines, Ltd.

In this amended libel in personam brought against American President Lines, Ltd., John J. Rogers seeks to recover compensation additional to that he has already received for services rendered to respondent. Various exceptions and exceptive allegations were filed by the company, and Rogers filed a reply thereto. The court sustained some of the exceptions and granted Rogers time to file a second amended libel. He elected to stand on his pleadings, and a final decree of dismissal was entered. Rogers appeals.

Twice before related matters in this dispute have been before this court. Rogers v. Alaska Steamship Co., 9 Cir., 249 F.2d 646 ; 9 Cir., 290 F.2d 116 . Background facts additional to those recited herein are set out in those opinions.

In his amended libel Rogers alleged that between March 17, 1952, and December 18, 1955, he made nine voyages as a member of the stewards department on appellee’s SS President Monroe. Concerning eách of these voyages, Rogers alleged that appellee is indebted to him for the reasonable value of the work which he performed, less sums already paid to him by appellee for such work and less associated payments already made by appellee to certain health…