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MIKKELSEN v. THE GRANVILLE

No. 65, Docket 22114.

192 F.2d 809 (1951)

MIKKELSEN v. THE GRANVILLE et al.

United States Court of Appeals Second Circuit.

Decided November 15, 1951.

Attorney(s) appearing for the Case

Haight, Deming, Gardner, Poor & Havens, New York City, for petitioner, Skibs A/S Sommerstad. John Osnato, Jr., and Walter A. Darby, Jr., New York City, Advocates.

Before AUGUSTUS N. HAND, CHASE and WOODBURY, Circuit Judges.

PER CURIAM.

We did not overlook the contention in appellant's brief that in this case the appellant, the shipowner, relied upon an independent contract of indemnity and did not seek contribution. However, since the shipowner is not liable to the libellant in the absence of negligence on its part, Guerrini v. United States, 2 Cir., 167 F.2d 352, the implied contract of indemnity upon which it relies would have to be a contract to indemnify...

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