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HARMS CO. v. ERIE R. CO.

No. 179, Docket 21579.

180 F.2d 850 (1950)

C. F. HARMS CO. v. ERIE R. CO. et al.

United States Court of Appeals Second Circuit.

Decided March 17, 1950.

Attorney(s) appearing for the Case

Hagen & Eidenbach, New York City (Nelson J. Johnson, New York City, and Chas. W. Hagen, New York City, of counsel), for appellant.

Foley & Martin, New York City, for appellees.

Christopher E. Heckman, New York City, for C. F. Harms Co.

Gilbert S. Fleischer, New York City, and J. Vincent Keogh, U. S. Atty., Brooklyn, N. Y., for the United States.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.

PER CURIAM.

The Erie Railroad appears to assume that an implied contract of indemnity was entered into between itself and the United States which included interest and costs. That assumption we cannot accept. Had the railroad owned the barge, clearly it could not have recovered interest, for the implied contract did not expressly provide for interest; and it could not have recovered costs against the United States anyway. All recoveries from the United States must...

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