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MATSON TERMINALS, INC. v. CALDWELL

No. 20026.

354 F.2d 681 (1965)

MATSON TERMINALS, INC., a corporation, Appellant, v. William E. CALDWELL, and Sea-Land Service, Inc., etc., Appellees.

United States Court of Appeals Ninth Circuit.

Petition for Rehearing Denied February 4, 1966.

Attorney(s) appearing for the Case

Jean Wunderlich, Spray, Gould & Bowers, Los Angeles, Cal., for appellant.

Leo J. Vander Lans, Thomas A. Vyse, Graham, James & Rolph, Long Beach, Cal., for appellee.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.

JERTBERG, Circuit Judge.

This is an action by a ship owner, Sea-Land Service, Inc., (Sea-Land), against the contracting stevedore company, Matson Terminals, Inc., (Matson), to recover indemnity for breach of a stevedore's implied warranty of workmanlike service.

Under a written contract, Matson agreed to act as stevedore and terminal operator and "* * *, as directed, with all possible dispatch, load and/or discharge all cargoes of vessels owned, operated or...

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