Martin Burkert v. Weyerhaeuser Steamship Company, a Corporation

Martin Burkert, appellant herein, instituted the present action by filing a complaint in the United States District Court for the Southern District of California, Central Division, on February 19, 1963, wherein appellant sought maintenance and cure, wages to the end of the voyage, damages and attorney’s fees. The district court’s jurisdiction was invoked pursuant to 28 U.S.C. § 1333 . Trial was held before the court, and, in an opinion filed June 11, 1964, the court held that the appellant was not entitled to recover in his action. After making Findings of Fact and Conclusions of Law, the court entered a final decree ordering the libel dismissed on July 8, 1964. From this decree appellant appeals, invoking the jurisdiction of this court pursuant to 28 U.S.C. § 2107 .

Because of our disposition of this appeal, only a limited statement of the facts is required. Appellant commenced his maritime career in 1934 as an apprentice seaman with the United States Navy. In 1938 he obtained a third mate’s license, and after employment aboard merchant ships as an able seaman worked continuously as a mate from 1942 through 1945. During this period appellant’s license was upgraded to second…