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MOORE-McCORMACK LINES, INC. v. I.T.O. CORP. OF BALT.

No. 73-2165.

508 F.2d 945 (1974)

MOORE-McCORMACK LINES, INC., Appellant, v. I.T.O. CORPORATION OF BALTIMORE, Appellee, Secretary of Labor, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 27, 1974.

Attorney(s) appearing for the Case

Randall C. Coleman and Thomas C. Lederman, Baltimore, Md. (John T. Ward, Ober, Grimes & Shriver, Baltimore, Md., on brief), for appellant.

David R. Owen, Baltimore, Md. (Semmes, Bowen & Semmes, Baltimore, Md., on brief), for appellee.

David M. Cohen, Atty., U. S. Dept. of Justice (Carla A. Hills, Asst. Atty. Gen., Stephen F. Eilperin, Atty., Dept. of Justice, Michael H. Levin, Counsel for App. Litigation, and Louis Weiner, Regional Sol., U. S. Dept. of Labor, on brief), for amicus curiae.

Before HAYNSWORTH, Chief Judge, and BUTZNER and FIELD, Circuit Judges.

BUTZNER, Circuit Judge:

Moore-McCormack Lines, Inc., appeals from the dismissal of its third party claim against I.T.O. Corporation, a stevedoring company, in which it sought indemnity for damages paid Joseph L. Wodzenski, a longshoreman injured on one of Moore-McCormack's ships. Moore-McCormack assigns numerous errors which, with one exception, we find to be without merit. The single assignment of error warranting discussion is the district court's ruling that the...

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