Charles H. Johnson, George G. Sanders, Richard A. Entenmann and Andrew Perry Bleeker v. Offshore Tankers Service, Inc.

Charles Johnson, George Sanders, Richard Entenmann, and Andrew Bleeker appeal from an order of the district court granting summary judgment against them in their action for earned wages and penalty wages under 46 U.S.C. § 596 . Johnson contends that the district court erred in concluding that he was not a “seaman” within the meaning of 46 U.S.C. § 713 , and that therefore he was not entitled to maintain an action under section 596. All four appellants contend that the district court erred in concluding that 46 U.S.C. § 544 , which exempts “sail or steam vessels” from the penalty wage provisions of section 596, also applies to diesel vessels, and therefore bars their claim under section 596.

BACKGROUND

Johnson, Sanders, Entenmann, and Bleeker worked for Offshore Tankers Service, Inc. (“Offshore Tankers”) onboard the McClelland-Ventura, a diesel-powered offshore supply vessel. Johnson was master of the vessel.

In May 1983, the McClelland-Ventura voyaged from California to Dutch Harbor, Alaska. In late May or early June 1983, shortly after their arrival in Dutch Harbor, the appellants left the vessel, and expressed a desire to return to California. Offshore Tankers provided…