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LUBRANO v. WATERMAN STEAMSHIP CO.

Docket No. 98-7849.

175 F.3d 274 (1999)

Damian LUBRANO, Plaintiff, v. WATERMAN STEAMSHIP COMPANY, Defendant-Appellant, Weeks Marine, Inc., sued here as Weeks Off-shore Crane Company, Defendant-Appellee, Bay Crane Co., Inc., John Doe (1-10) and XYZ Inc. (1-10), Defendants.

United States Court of Appeals, Second Circuit.

Decided April 30, 1999.

Attorney(s) appearing for the Case

Michael E. Unger, of counsel, De Orchis, Walker & Corsa, LLP (LeRoy S. Corsa, of counsel, on the brief), New York, N.Y., for Defendant-Appellant Waterman Steamship Company.

Michael N. Cotignola, New York, N.Y., for Defendant-Appellee Weeks Marine, Inc.

Before: NEWMAN, WALKER, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

This case presents the issue of whether a shipowner who successfully defends against a suit by an injured longshoreman may recover its litigation costs from a stevedore1 who caused the longshoreman's injuries and who is not the employer of the longshoreman (hereinafter the "nonemploying stevedore"). The district court held that an obligation to indemnify is not an implied term of the contract between a shipowner...

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