Larry Worthington, Roger Cameron, David Davey, and Gerald Kent, Cross-Appellees v. Icicle Seafoods, Inc., a Washington Corporation, Cross-Appellant

We initially reversed the district court’s determination that plaintiffs were “seamen” and not entitled to overtime benefits under the FLSA. Worthington v. Icicle Seafoods, Inc., 749 F.2d 1409 (9th Cir.1984). The Supreme Court vacated because we had improperly applied a de novo standard of review to the underlying factual issue of whether these employees were “seamen.” Icicle Seafoods, Inc. v. Worthington, — U.S. —, 106 S.Ct. 1527, 1529 , 89 L.Ed.2d 739 (1986).

By our order of June 12, 1986, 791 F.2d 802 , we affirmed the judgment of the district court. The mandate issued pursuant to that order was recalled on July 14, 1986 pending disposition of the appellants’ petition for rehearing. Upon our request for a memorandum in opposition to the petition, the defendant-appellee has filed and we have considered its opposition. Upon reconsideration, rehearing is granted, and we remand to the district court.

The Court did not reverse our legal determination of what constitutes a “seaman.” See id. 106 S.Ct. at 1530 (“If [the Court of Appeals] believed ... that the proper rule of law was misapplied to those findings, it could have reversed the District Court’s judgment. But it should not…