Norris Lirette v. N.L. Sperry Sun, Inc. And Quarles Drilling Company ( 1987 )

GEE, Circuit Judge,

concurring:

I concur fully in the opinion of the Chief Judge, writing separately and briefly only to emphasize the extreme undesirability of the rule in Gamble — which encourages the fabrication of spurious Jones Act claims, sandbagging and the waste of scarce judicial resources, but by which there can be no doubt that we are bound. Were we free to do so, I would adopt the more salutory and at least equally plausible construction long ago placed on these statutes by the Sixth Circuit in Carpenter v. Baltimore and O.R. Co., 109 F.2d 375 (1940). We are not, however, and Gamble must rule.