Fiamengo

Fiamengo v. The San Francisco

Good Law
172 F.2d 767·1949 A.M.C. 542·1949 U.S. App. LEXIS 2774
United States Court of Appeals for the Ninth CircuitFebruary 15, 1949No. 11895California581 words

Opinion

Lead Opinion

Mathews, J.

On and prior to April 22, 1947, appellants (Pete Fiamengo and Nick Marinkovich) were members of the crew of the American fishing vessel San Francisco, having been hired as such by Andrew Zamberlin, master and owner of the San Francisco. Appellants were discharged by Andrew Zamberlin on April 22, 1947. On July 3, 1947, appellants filed in the District Court a libel in rem and in personam against appellees (the San Francisco and Andrew Zamberlin), alleging that appellants were wrongfully discharged and praying for a decree awarding to- each of them wages in the sum of $2,632.65 for the period from April 22, 1947, to the end of the 1947 tuna fishing season 1 *and maintenance at the rate of $5 a day from April 22, 1947, to the end of the season or until they again obtained employment. Andrew Zamberlin, Dinko Pecarich and Vicko Fiamengo claimed the San Francisco and, as such claimants, filed an answer- denying that appellants were wrongfully discharged. After a trial, the District Court concluded that appellants were not wrongfully discharged, but were discharged for good cause. Thereupon a decree was entered in favor of appellees. 2 This appeal is from that decree.

The question is…

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