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GERKING v. FURNESS, WITHY & COMPANY

No. 2678.

251 F.Supp. 781 (1961)

James E. GERKING, Plaintiff, v. FURNESS, WITHY & COMPANY, Ltd., a foreign corporation, Defendant. FURNESS, WITHY & COMPANY, Ltd., a foreign corporation, Third-Party Plaintiff, v. PORTLAND STEVEDORING COMPANY, Third-Party Defendant.

United States District Court W. D. Washington, S. D.

August 31, 1961.

Attorney(s) appearing for the Case

Philip Poth, Seattle, Wash., for plaintiff.

Theodore A. LeGros, Seattle, Wash., for defendant and third-party plaintiff.

Nathan Heath, Portland, Or., for third-party defendant.

BOLDT, District Judge.

Recovery over against defendant stevedoring company is sought by defendant Furness for its liability in damages on account of injuries sustained by plaintiff while he was engaged in stevedoring work aboard a Furness vessel. It is well settled that in appropriate circumstances such indemnity will be granted. Weyerhaeuser SS Co. v. Nacirema Co., 355 U.S. 563, 78 S.Ct. 438, 2 L.Ed.2d 491; Crumady v. Joachim Hendrik...

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