Legal Opinion

Wisconsin Barge Line, Inc. v. The Barge Chem 300, Its Tackle, Apparel, Furnishings, Fixtures & Equipment, in Rem

Court of Appeals for the Fifth Circuit

Decided February 9, 1977No. 75-2249PublishedCited by 37 opinions

1Opinion of the Court

FAY, Circuit Judge:

The issue presented by this appeal is whether indemnity is available after a settlement judgment when the proposed indemnitor was notified of the claim and tendered the defense but chose not to participate and could not be made a party to the original state court action due to a lack of jurisdiction. The district court denied indemnity. For the reasons set forth below, this Court finds that, if the amount of the settlement is reasonable, indemnity is proper and, therefore, reverses and remands this case to the district court for a determination of the reasonableness of the…

2Cases cited9 opinions

Cooper Stevedoring Co. v. Fritz Kopke, Inc.Supreme Court of the United States · 1974
Spinks v. Chevron Oil Co.Court of Appeals for the Fifth Circuit · 1975
Tri-State Oil Tool Industries, Inc. v. Delta Marine Drilling Company, Delta Marine Drilling Company v. Tri-State Oil Tool Industries, Inc.Court of Appeals for the Fifth Circuit · 1969
Tankrederiet Gefion A/S v. Hyman-Michaels Co.Court of Appeals for the Sixth Circuit · 1969
Jennings v. United StatesCourt of Appeals for the Fourth Circuit · 1967

4 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

Fontenot v. Mesa Petroleum Co.Court of Appeals for the Fifth Circuit · 1986
Universal American Barge Corp. v. J-Chem, Inc., J-Chem, Inc., Etc., Degesch America, Inc., and Fumigators, Inc.Court of Appeals for the Fifth Circuit · 1992
Bertram v. Freeport McMoran, Inc.Court of Appeals for the Fifth Circuit · 1994
Great Lakes Dredge & Dock Co. v. Tanker Robert Watt MillerCourt of Appeals for the Eleventh Circuit · 1992
Exxon Corporation v. St. Paul Fire and Marine Insurance CompanyCourt of Appeals for the Fifth Circuit · 1997

32 more not listed; retrieve them via the Exa API.