Weigel

Following our decision in this matter (Partenweederei, MS Belgrano v. Weigel, 299 F.2d 897 , February 8, 1962), Shipowners petitioned for a rehearing, on the ground that they were entitled to judgment against Stevedore for indemnity for the expenses incurred, both here and in the District Court, in successfully defending the libel. We granted the petition for rehearing and thereafter vacated the portion of our judgment reversing the decree of indemnity, and the submission of the matter on rehearing, pending final disposition of libelant Wei-gel’s petition to the Supreme Court for certiorari. (Partenweederei, MS Belgrano v. Weigel, 302 F.2d 730 , May 21, 1962). The Supreme Court denied certiorari on October 8, 1962 ( 371 U.S. 830 , 83 S.Ct. 49 , 9 L.Ed.2d 67 ), and on November 13, 1962, 371 U.S. 906 , 83 S.Ct. 205 , 9 L.Ed.2d 168 , denied a rehearing. We treat this denial as an affirmance within the meaning of paragraph 3 of our order of May 21, 1962, supra.

As is there stated, the question now before us is whether Stevedore must indemnify Shipowners for their costs of defending the action of Weigel against them in the trial court and in this court, “Costs” as here used means…