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MEDOMSLEY STEAM SHIPPING CO. v. ELIZABETH RIVER TERMINALS

No. 8851.

317 F.2d 741 (1963)

MEDOMSLEY STEAM SHIPPING COMPANY, Appellant, v. ELIZABETH RIVER TERMINALS, INC., Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 28, 1963.

Attorney(s) appearing for the Case

Walter B. Martin, Jr., Norfolk, Va. (Vandeventer, Black, Meredith & Martin, Norfolk, Va., on brief), for appellant.

Jack E. Greer, Norfolk, Va. (Williams, Cocke, Worrell & Kelly, Norfolk, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, J. SPENCER BELL, Circuit Judge, and PREYER, District Judge.

J. SPENCER BELL, Circuit Judge.

Libellant's vessel was moored to respondent's pier when it broke away during a high wind and damaged a bridge which belonged to the Commonwealth of Virginia. Respondent declined to participate in a subsequent settlement of the Commonwealth's claim for damages to its bridge, and this action was brought. The libel as filed alleged a right of indemnification against the respondent wharfinger upon a theory of implied warranty

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