Amerocean Steamship Company v. Copp

245 F.2d 291 AMEROCEAN STEAMSHIP COMPANY, Inc., a corporation, and Blackchester Lines, Inc., a corporation, Appellants, v. Albert W. COPP, Jr., as Executor the Last Will and Testament of Albert W. Copp, deceased, Appellee. No. 15023. United States Court of Appeals Ninth Circuit. March 26, 1957. Summers, Bucey & Howard, Theodore A. LeGros and G. H. Bucey, Seattle, Wash., for appellants. Bogle, Bogle & Gates, Edward S. Franklin, Seattle, Wash., for appellee. Before POPE and FEE, Circuit Judges, and EAST, District Judge. JAMES ALGER FEE, Circuit Judge. 1 The initiation of the present proceedings was accomplished by filing a libel in rem in admiralty in the District Court by Avon Smith, a longshoreman, against the Steamship Amerocean and its owners. The latter, as appellants, impleaded Albert W. Copp, 1 the stevedore and the employer of Smith, on a claim for full indemnity in case of recovery by libelant. 2 The main action was settled and dismissed with payment to Smith, and trial was had on the third party claim alone. 2 While the ship was at sea, a portion of the main deck was treated with a preparation containing fish oil as a rust preventative, which caused this portion to…