WATZ v. ZAPATA OFF-SHORE COMPANY

No. 27974.

431 F.2d 100 (1970)

John M. WATZ, Plaintiff-Appellee, v. ZAPATA OFF-SHORE COMPANY, Defendant-Appellee-Cross Appellant, v. EATON YALE & TOWNE, INC., Third-Party Defendant-Appellee-Cross Appellant, v. CAMPBELL CHAIN COMPANY, Fourth-Party Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 7, 1970.


Attorney(s) appearing for the Case

Strong, Pipkin, Nelson & Parker, Louis V. Nelson, Beaumont, Tex., for Zapata Off-Shore Co.

Mehaffy, Weber, Keith & Gonsoulin, Beaumont, Tex., for Eaton Yale & Towne, Inc.; James W. Mehaffy, Dewey J. Gonsoulin, Beaumont, Tex., of counsel.

Orgain, Bell & Tucker, Beaumont, Tex., for Campbell Chain Co.; by John G. Tucker, Beaumont, Tex., of counsel.

Jamail & Gano, Houston, Tex., for John M. Watz; Joseph D. Jamail, Jr., John Gano, Houston, Tex., of counsel.

Before TUTTLE, WISDOM, and GOLDBERG, Circuit Judges.


WISDOM, Circuit Judge.

This four-party case in admiralty presents a host of issues, some old, some new. We discuss the warranty owed by a ship undergoing major repairs, the basis of admiralty jurisdiction over torts, principles of negligence and legal cause in admiralty (more particularly, where shipowners and seamen are not involved), laches, indemnity, and contribution.

I.

Facts, Contentions, Conclusions.

Unlike the legal issues, the...

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