VAUGHN v. FARRELL LINES, INC.

No. 89-2221.

937 F.2d 953 (1991)

Margaret E. VAUGHN, Personal Representative of the Estate of Bernice W. Vaughn, Jr., Deceased; Margaret E. Vaughn, Plaintiffs, v. FARRELL LINES, INC., for itself, and as Successor to American Export Lines, Inc., Chevron, U.S.A., Inc., Successor to Gulf Oil Corporation, Isco, Inc., Successor to States Marine Lines, Keystone Shipping Company, Amoco Oil Company, Texaco, Inc., a Delaware Corporation, Defendants-Appellees. and MARINE TRANSPORT LINES, INC., Central Gulf Lines, Inc., Lykes Brothers Steamship Company, Inc., United Brands Company, Successor to United Fruit Company, a New Jersey Corporation; Trinidad Corporation, Defendants, v. FOSTER WHEELER CORPORATION, Third-Party Defendant-Appellant, and Armstrong Contract & Supply, Inc., a/k/a A C and S, Inc., A.P. Green Refractories Company, Armstrong Cork Company, Armstrong World Industries, Inc., Babcock & Wilcox Co., Carey Canada, Inc., Celotex Corporation, Combustion Engineering Inc., Eagle-Picher Industries, Inc., Fibreboard Corporation, GAF Corporation, H.K. Porter Company, Inc., Keene Corporation, National Gypsum Company, Owens-Corning Fiberglass Corporation, OCG, Inc., formerly known as Owens-Illinois Glass Company, Pittsburgh Corning Corporation, Raymark Industries, Inc., Turner & Newall, PLC, XYZ Companies (John Doe Third-Party Defendants), Third-Party Defendants.

United States Court of Appeals, Fourth Circuit.

Decided June 20, 1991.


Attorney(s) appearing for the Case

James Wilson Bartlett, III, argued (Aaron I. Lubling, on brief), Wilson, Elser, Moskowitz, Edelman & Dicker, Baltimore, Md., for third-party defendant-appellant.

John Thomas Ward, argued (Kathryn Miller Goldman, on brief), Quinn, Ward and Kershaw, P.A., Baltimore, Md., for defendants-appellees.

Before WIDENER and SPROUSE, Circuit Judges, and TILLEY, District Judge for the Middle District of North Carolina, sitting by designation.


WIDENER, Circuit Judge:

This appeal arises from a judgment for indemnity against the third-party defendant, Foster Wheeler Corporation, by Farrell Lines and five other United States flag shipowners (shipowners). The district court, after a bench trial, held that the shipowners were entitled to recover on their claim for indemnity. 723 F.Supp. 1126. It also held that Foster Wheeler was not entitled to recover on certain of its...

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