I dissent.

The contract between the United States and appellee Stevedoring Company expressly provided (in Clause 12 thereof) that the Company undertook to indemnify the government where injuries were caused either in whole or in part by the Company’s fault. The only exceptions to indemnification were if the accident was caused by the unseaworthiness of the vessel, and the Stevedoring Company either could not have discovered the unseaworthiness, or could not have prevented the accident; or if the accident was caused solely by the ship; or if it resulted from proper compliance by the Stevedoring Company with “specific directions” of the government’s contracting officer. The clause, so far as here material, is set out on the margin. 1

This case falls squarely within the indemnity provision, and none of the exceptions provided for therein are applicable. It is plain that the accident was in part caused by the Stevedoring Company’s negligence. Its authoritative representatives on board the vessel, namely, its walking-boss, Eckstein, and its gang-boss, Jensen, were fully alive to the fact that oil covered the shelter-deck, thus rendering the area dangerous to the longshore workers. They could and should have stopped the work unless and until the hazardous condition was remedied. Cf. United States v. Arrow Stevedoring Co., 9 Cir., 175 F.2d 329, 331 . Nor did the failure of the ship to supply sand or sawdust relieve the Company of its responsibility in the premises. To the contrary, it had the duty to be diligent in endeavoring to obtain the material from other sources. Metcalfe v. Chiarello, 2 Cir., 294 F. 29 , 30 2

*918 In sum, the Company could have avoided the accident either by stopping the work, or by obtaining material which would render the shelterdeck a safe place in which to continue operations. There is no showing whatever that any effort was made in the latter direction other than by asking the ship to obtain the material. Accordingly, the trial court’s findings that the injury was not caused in whole or in part by the Stevedoring Company’s negligence are patently erroneous.

The Stevedoring Company being negligent, the only remaining ground for absolving it of liability under the indemnity agreement would necessarily be under paragraph b(2) of Clause 12, namely, that Harrison’s injury resulted “solely from proper compliance by officers, agents, or employees [of the stevedoring company] with specific directions of the Contracting Officer.” [Emphasis supplied.] The trial judge made no finding of any directions, specific or otherwise, having been given by that officer, or by anyone representing the vessel, to continue the work despite the hazardous condition obtaining on the shelterdeck. The testimony of gang-boss Jensen was that the longshoremen continued working because Eckstein, 3 the Stevedoring Company’s walking-boss, asked them to. It is plain from Jensen’s testimony that no orders or directions were given the longshoremen on the subject by anyone, it being simply left to them to determine for themselves whether or not they would continue to work. Jensen’s account of the matter was in no way controverted. Accordingly, not only is there no finding that would bring paragraph b(2) of Clause 12 to bear upon the case, there is no evidence that would support such a finding had it been made.

I gather that my associates, while appearing at times to protest the contrary, are of the view that the indemnity provision involved here is void as being against public policy. However, this circuit has honored such agreements, whether express or implied, in cases involving factual situations similar to the one before us. See United States v. Arrow Stevedoring Co., supra; United States v. Rothschild Intl. Stevedoring Co., 9 Cir., 1950, 183 F.2d 181 ; American President Lines v. Marine Terminals Corp., 9 Cir., 1956, 234 F.2d 753 . See, also, Ryan Stevedoring Co. v. Pan-Atlantic S.S. Corp., 350 U.S. 124, 141 , 76 S.Ct. 232 , 100 L.Ed. 133 .

There being no evidence in the record to support the dismissal of the third party claim against the Stevedoring Company, the cause should be reversed with directions to enter judgment requiring the Company to indemnify the government pursuant to its contract.

. “Clause 12, Liability and Insurance “a. The contractor *****

. The Company and its active representatives were entirely familiar with the San Francisco Bay area. Its foreman, .Ten-sen, for example, had been working there as a longshoreman for some thirty years. How readily the requisite material could have been obtained is shown by the testimony of the Port Transportation Officer, who acted as a liaison between the vessel and the dock. Very shortly after the accident this officer learned of the accident and, for the first time, of the oily condition of the deck. Upon request from the vessel for some substance to cover the oil, he secured sand from a shed lo *918 cated about 300 yards from the vessel, and had it delivered within fifteen or twenty minutes after Harrison had suffered his injury.

. Eckstein himself was not called as a witness.