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Gillespie (P), administratrix of her son's estate, brought an action against U.S. Steel (D) because P's son drowned while working as a seaman on D's ship. P's action was for herself and her dead son's brother and sisters. It was based on the Jones Act and an Ohio wrongful death statute. P sought to recover for negligence, wrongful death, and pain and suffering. Under the Ohio statute, P claimed that D's ship was unseaworthy. The district judge struck the unseaworthy claim, and the recoveries sought by the decedent's brother and sisters (they were not Jones Act beneficiaries). P appealed prior to trial. D moved to dismiss the appeal; the district court's ruling was not a final decision that was appealable. P then filed a petition for mandamus seeking a writ for the district judge to vacate his dismissal. The Court of Appeals heard the appeal on the merits and ruled for D; the court was allowed to decide the matter because D suffered no prejudice from the decision in its favor. Both parties appealed.

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