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BOOTH STEAMSHIP CO. v. MEIER & OELHAF CO.

No. 42, Docket 25104.

262 F.2d 310 (1958)

BOOTH STEAMSHIP CO., Ltd., Defendant and Third Party Plaintiff-Appellant, v. MEIER & OELHAF CO., Third Party Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 29, 1958.

Attorney(s) appearing for the Case

William P. Kain, Jr., New York City (J. Ward O'Neill and Haight, Gardner, Poor & Havens, New York City, on the brief), for plaintiff-appellant.

Joseph Arthur Cohen, New York City (Sidney A. Schwartz and Alexander, Ash & Schwartz, New York City, on the brief), for defendant-appellee.

Before HINCKS, LUMBARD and MOORE, Circuit Judges.

LUMBARD, Circuit Judge.

Appellant, Booth Steamship Co., seeks reversal of Judge Dimock's dismissal of its third party complaint against appellee Meier & Oelhaf Co., machinists, in which it claimed indemnity from whatever sum might be awarded against it in the main action on behalf of the plaintiff, an employee of Meier & Oelhaf, for injuries he sustained while engaged in engine repair work aboard appellant's vessel,

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