McCRARY v. SEATRAIN LINES, INC.

No. 26834.

469 F.2d 666 (1972)

David McCRARY, Plaintiff, v. SEATRAIN LINES, INC., a corporation, Defendant. HUDSON WATERWAYS CORPORATION, a corporation, Third-Party Plaintiff and Appellee, v. MARINE TERMINALS CORP., a corporation, Third-Party Defendant and Appellant.

United States Court of Appeals, Ninth Circuit.

November 1, 1972.


Attorney(s) appearing for the Case

John Scott Matthew (argued), of Sikes, Pinney & Matthew, North Hollywood, Cal., for appellant.

Kenneth R. Chiate (argued), Gordon K. Wright, of Lillick, McHose, Wheat, Adams & Charles, Los Angeles, Cal., for appellee.

Graydon S. Staring, San Francisco, Cal., Lillick, McHose, Wheat, Adams & Charles, Los Angeles, Cal., for amicus curiae: States Steamship Co. & American President Lines, Ltd.

Before BROWNING and GOODWIN, Circuit Judges, and PLUMMER, District Judge.


ALFRED T. GOODWIN, Circuit Judge:

An injured longshoreman brought an action against a shipowner, alleging unseaworthiness, diversity of citizenship, and damages in excess of $10,000. The shipowner thereupon filed a third-party complaint for indemnity against the stevedoring company, employer of the injured workman, incorporating the original complaint by reference. In its answer the stevedoring company demanded trial by jury.

During the pretrial stages of...

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