Legal Opinion

Nutt v. Loomis Hydraulic Testing Co.

Court of Appeals for the Fifth Circuit

Decided May 27, 1977No. 75-2429PublishedCited by 7 opinions

1Opinion of the Court

JOHN R. BROWN, Chief Judge:

This case, like most suits for indemnity, combines the best of musical chairs and hot potato — the object of the game is to be sitting pretty when the judicial music stops, by leaving the other party holding the spud. Here, while appellant was stuck with only half of the potato, he objects strenuously to having to bear any of it at all. In more austere terms it is the case of a vessel owner, cast entirely for the death of the operator of the other vessel, seeking and successfully obtaining contribution-indemnity under the 50/50 Divided Damages rule. The loser, owner…

2Cases cited37 opinions

  1. Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
  2. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  3. Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
  4. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  5. United States v. Reliable Transfer Co.Supreme Court of the United States · 1975

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3Cited by7 opinions

  1. Allied Chemical Corporation v. Hess Tankship Company of Delaware, Amerada Hess Corporation, Defendants-Appellees-Cross American Hull Syndicate, Defendants-Third Party v. Allied Towing Corporation as Owner of the Tug Socrates, Third Party Defendants-Appellants-Cross v. Defelice Towing CompanyCourt of Appeals for the Third Circuit · 1981
  2. Allied Chemical Corp. v. Hess Tankship Co.Court of Appeals for the Fifth Circuit · 1981
  3. Eastern Airlines, Inc. v. Insurance Company of North AmericaCourt of Appeals for the Third Circuit · 1985
  4. In Re Incident Aboard the D/b Ocean King on August 30, 1980. Cities Service Company, Cross-Appellees v. Ocean Drilling & Exploration Co., Getty Oil Co. And Odeco, Inc., Cross-Appellees v. Hydril Co., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1987
  5. Nutt v. Loomis Hydraulic Testing CompanyCourt of Appeals for the Fifth Circuit · 1977

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