Offshore Drilling Co. v. Gulf Copper & Manufacturing Corp.

LESLIE H. SOUTHWICK, Circuit Judge:

A vessel owned by The Offshore Drilling Company (“TODCO”), was destroyed by fire while berthed at a shipyard owned by contractor Gulf Copper & Manufacturing Corporation. At the time of the fire, Gulf Copper was performing “hot work” on the vessel. In the district court, Gulf Copper sought declaratory relief on the theory that the indemnity provision in its contract with TODCO released Gulf Copper from liability. The district court granted summary judgment for Gulf Copper. On appeal, TODCO contends that genuine issues of material fact exist concerning which…