HOBART v. SOHIO PETROLEUM COMPANY

No. 29575.

445 F.2d 435 (1971)

W. W. HOBART, Administrator of the Estate of Kenneth Ray McClure Hobart, Deceased, et al., Plaintiffs, v. SOHIO PETROLEUM COMPANY, Defendant-Third Party Defendant-Appellant, v. OIL TRANSPORT COMPANY, and Greenville Towing Company, Third-Party Defendants-Third Party Plaintiffs-Appellees, v. W. W. HOBART et al., Third-Party Defendants.

United States Court of Appeals, Fifth Circuit.

June 29, 1971.


Attorney(s) appearing for the Case

William G. Beanland, Vicksburg, Miss., for Sohio Petroleum Co.; Brunini, Everett, Grantham & Quin, Vicksburg, Miss., of counsel.

James L. Robertson, Fred DeLong, Jr., Greenville, Miss., Harold R. DeMoss, Jr., Houston, Tex., Campbell, DeLong, Keady & Robertson & Hagwood, Greenville, Miss., Bracewell & Patterson, Houston, Tex., for Greenville Towing Co.

Philip Mansour, Greenville, Miss., for W. W. Hobart, et al.

Brunswick G. Deutsch, New Orleans, La., for Oil Transport Co.; Deutsch Kerrigan & Stiles, New Orleans, La., of counsel.

Before RIVES, THORNBERRY and CLARK, Circuit Judges.


THORNBERRY, Circuit Judge:

In this appeal we are presented with the question whether the indemnity doctrine enunciated in Ryan Stevedoring Co. v. Pan-Atlantic S.S. Corp., 350 U.S. 124, 76 S.Ct. 232, 100 L.Ed. 133 (1956), may be invoked against a shipowner and in favor of a shipper who has been sued for the wrongful death of the shipowner's employees. The appeal as taken from district court's denial of the shipper's third-party complaint...

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