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NEWPORT NEWS SHIPBUILD. & DRYDOCK CO. v. UNITED STATES

No. 6997.

226 F.2d 137 (1955)

NEWPORT NEWS SHIPBUILDING & DRYDOCK COMPANY, a corporation, Appellant, v. UNITED STATES of America, as owner of THE Steamship P & T PATHFINDER, ex USS Du Page and otherwise known as USMC Hull No. 389, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 17, 1955.

Attorney(s) appearing for the Case

William McL. Ferguson, Newport News, Va. (Harry H. Holt, Jr., Hampton, Va., and J. Warren Stephens, Newport News, Va., on brief), for appellant.

Edward R. Baird, Norfolk, Va. (L. S. Parsons, Jr., U. S. Atty., John M. Hollis, Asst. U. S. Atty., Norfolk, Va., Kirlin, Campbell & Keating; Eugene F. Gilligan; Edward L. Smith, New York City, and Baird, White & Lanning, Norfolk, Va., on brief), for appellee.

Manning, Harnisch, Hollinger & Shea, New York City (Joseph M. Glickstein, Jacksonville, Fla., Edwin A. Lewis and William Hughes Mulligan, New York City, on brief), for New York Shipbuilding Corp., amicus curiae.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal in a suit by the United States, as owner of a vessel, to recover the sum of $14,691.53 as indemnity from a shipyard for claims paid cargo owners for damages to cargo. The right to indemnity was claimed because the shipyard, in work done on the vessel, had failed to comply with the plans and specifications with respect to "blanking off" a waste line near the water line of the vessel, with the result that water entered and inflicted...

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