Booth Steamship Co., Ltd., and Third Party v. Meier & Oelhaf Co., Third Party

LUMBARD, Circuit Judge.

Appellant, Booth Steamship Co., seeks reversal of Judge Dimock’s dismissal of its third party complaint against appel-lee Meier & Oelhaf Co., machinists, in which it claimed indemnity from whatever sum might be awarded against it in the main action on behalf of the plaintiff, an employee of Meier & Oelhaf, for injuries he sustained while engaged in engine repair work aboard appellant’s ves sel, the Dominic. The judgment in the main action is not contested here. The primary issues presented for decision are (1) whether the oral agreement between Booth and Meier gave rise…