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DILLINGHAM SHIPYARD v. ASSOCIATED INSULATION CO.

Nos. 78-1708, 78-1805 and 78-2229.

649 F.2d 1322 (1981)

DILLINGHAM SHIPYARD, an affiliate of Dillingham Corporation, and Continental Insurance Company, Plaintiffs-Appellees and Cross-Appellants, v. ASSOCIATED INSULATION CO., LTD., Defendant and Third-Party Plaintiff-Appellant and Cross-Appellee, v. UNITED STATES of America, Third-Party Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 6, 1981.

Attorney(s) appearing for the Case

Garry P. McMurry, Rankin, McMurry, Osburn, Vavrosky & Doherty, Portland, Or., argued for Dillingham; Patrick J. Doherty and Stoddard D. Jones, Portland, Or., on brief.

Edmund Burke, Hamilton, Gibson, Nickelson, Rush & Moore, Honolulu, Hawaii, for Associated Insulation Co.

Norman J. Ronneberg, Jr., Admiralty & Shipping Sec., San Francisco, Cal., for United States.

Before KENNEDY, HUG and SCHROEDER, Circuit Judges.

HUG, Circuit Judge:

This is an action under an indemnity agreement for damages resulting from an explosion that occurred aboard the United States Coast Guard Cutter Mellon (MELLON), while a sonar system was being installed at the Dillingham Shipyard. Associated Insulation Co. was employed by Dillingham as a subcontractor to install dampening asbestos tile in the lower ammunition handling room of the ship in order to improve the sonar performance. The explosion occurred...

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