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OGLEBAY NORTON CO. v. CSX CORP.

Nos. 85-3069, 85-3093.

788 F.2d 361 (1986)

OGLEBAY NORTON COMPANY, Plaintiff-Appellant, Cross-Appellee, v. CSX CORPORATION, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 14, 1986.

Attorney(s) appearing for the Case

Richard C. Binzley and Harold W. Henderson argued, Thompson, Hine & Flory, Cleveland, Ohio, for Oglebay Norton Co.

Robert M. Anspach and Peter R. Silverman, argued, Toledo, Ohio, for CSX Corp.

Before KENNEDY and CONTIE, Circuit Judges, and GIBSON, District Judge.

CONTIE, Circuit Judge.

This is a maritime action concerning liability for the death of a seaman. Oglebay Norton Company appeals from the magistrate's judgment, arguing that the magistrate erred as a matter of law in denying its claim for indemnity based on the defendant's breach of an implied warranty of workmanlike service; and, in the alternative, Oglebay argues that the magistrate's allocation of fault under a theory of contribution was clearly erroneous. Oglebay...

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