KING v. WATERMAN STEAMSHIP CORPORATION

No. 12537.

272 F.2d 823 (1959)

Jasper KING v. WATERMAN STEAMSHIP CORPORATION, Defendant and Third-Party Plaintiff, Appellant (Dugan & McNamara, Inc., Third-Party Defendant, Appellee).

United States Court of Appeals Third Circuit.

Reargued December 1, 1958 and October 5, 1959.

Decided November 17, 1959.


Attorney(s) appearing for the Case

Harrison G. Kildare, Philadelphia, Pa., (Rawle & Henderson, Thomas F. Mount, Philadelphia, Pa., on the brief), for appellant.

George E. Beechwood, Philadelphia, Pa., for appellee.

Before BIGGS, Chief Judge, and GOODRICH, McLAUGHLIN, KALODNER, STALEY, HASTIE and FORMAN, Circuit Judges.


HASTIE, Circuit Judge.

This is an appeal by a third-party plaintiff from a decision that as a matter of law it is not entitled to be indemnified by the appellee, against which it has made the present third-party claim. The appeal, originally argued before a division of this court, has been reargued twice before the court en banc. We ordered the second reargument so that the parties might fully present their views concerning the force and effect of the decision of...

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