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RICE v. PENNSYLVANIA R. CO.

No. 193, Docket 22569.

202 F.2d 861 (1953)

RICE et al. v. PENNSYLVANIA R. CO. et al. THE WILLIAM R.

United States Court of Appeals Second Circuit.

Decided March 20, 1953.

Attorney(s) appearing for the Case

Myles J. Lane, U. S. Atty., New York City, Eugene Rheinfrank and Louis E. Greco, Attorneys, Department of Justice, New York City, of counsel, for appellant.

George A. Garvey, New York City, for appellee Luria Bros. & Company, Inc.

Burlingham, Hupper & Kennedy, New York City, Benjamin E. Haller, New York City, of counsel, for appellee Pennsylvania R. Co.

Macklin, Speer, Hanan & McKernan, New York City, Gerald J. McKernan and John C. Hart, New York City of counsel, for libellants-appellees.

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

SWAN, Chief Judge.

This litigation was commenced by a libel brought by the owners of a scow to recover damage sustained by it while under charter to the Pennsylvania Railroad Company. The respondent railroad impleaded the United States whose negligence in loading scrap iron on to the scow had caused the damage. The United States impleaded Luria Bros. & Co., Inc. alleging a right to indemnity under a contract by Luria...

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