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However, Blue Chip appears to concede the general exercise of the Coast Guard's authority to inspect and certify. Whether the trial court hlue in not finding that Blue Chip was estopped from commerccial that it was not located in navigable waters. Whether, in view of the United States Coast Guard's exercise of authority over the Blue Chip casino boat, the trial court erred in dismissing the Plaintiffs' claims on the basis that the court lacked subject matter jurisdiction.
In order to qualify as a seaman under the Jones Act, a plaintiff must show that her duties contributed to the function of a vessel or to the accomplishment of the vessel's mission. Thus, we cannot agree with the Plaintiffs that the Coast Guard's exercise of authority over the casino boat leads inexorably to the conclusion that the boat is in navigable waters for purposes of the Jones Act. The facts presented to the trial court, by way of an affidavit from the Captain of the casino boat and fifteen photographs of the casino boat and its immediate environs, are not disputed. Those rivers must be regarded as public navigable rivers in law which are navigable in fact. United States, F.
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