DI MEGLIO v. THE BLACK CONDOR


120 F.Supp. 909 (1954)

DI MEGLIO v. THE BLACK CONDOR et al.

United States District Court S. D. New York.

February 3, 1954.


Attorney(s) appearing for the Case

Samuel P. Fensterstock, New York City, for libelant.

Pyne, Lynch & Smith, New York City, for claimant-respondent.

McNutt & Nash, New York City, for impleaded-respondent.


WEINFELD, District Judge.

The reply memorandum submitted by the claimant-respondent indicates that it intended to assert a claim against the impleaded-respondent upon an implied contract of indemnity based upon certain provisions of the time charter, including one not incorporated in the petition. However, this is not altogether clear from the allegations of the impleading petition, which almost with equal force suggest a claim for contribution from a joint tort-feasor...

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