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United States Vs. Seckinger

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  • US Supreme Court
  • Mar 09, 1970

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  1. American Stevedores, Inc. Vs. Porello US Supreme Court · Mar 10, 1947
  2. U.S. 203 (1970) U.S. Supreme Court United States v. Seckinger
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  3. U.S. 203 (1970) United States v. Seckinger
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  4. negligence arguably combined with that of the contractor to produce a given injury. In American Stevedores, Inc. v. Porello
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  5. we agree with the Court of Appeals that federal law controls the interpretation of the contract. See United States v. County
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  6. Clearfield Trust Co. v. United
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  7. Gelco Builders & Burjay Const. Co. v. United
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  8. between the parties, such as exists between the United States and particular government contractors. See United States v. Haskin
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  9. Fisher v. United
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  10. States, 299 F.Supp. 1 (D.C.E.D.Pa.1969), and United States v. Accrocco
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  11. unless this intention appeared with particular clarity from the contract. See, e.g., Associated Engineers, Inc. v. Job
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  12. F.2d 633, 651 (C.A. 8th Cir.1966), cert. denied sub nom. Troy Cannon Const. Co. v. Job
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  13. a stevedoring contractor although both the United States and the contractor were found to have been negligent. Porello v. United
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  14. Sternberger v. United
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  15. Sun Shipbuilding & Drydock Co. v. United
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  16. Jones v. United
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  17. for the indemnitee's negligence only if this intention is explicitly stated in the contract. See, e.g., Freed v. Great
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  18. Brogdon v. Southern
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  19. City of Beaumont v. Graham
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  20. Young v. Anaconda
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  21. stated in the contract if this intention otherwise appears with clarity. See, e.g., Auto Owners Mut. Ins. Co. v. Northern
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  22. Eastern Gas & Fuel Associates v. Midwest-Raleigh
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  23. Unitec Corp. v. Beatty
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  24. Batson-Cook Co. v. Industrial
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  25. that purported to indemnify for the indemnitee's negligence void as contrary to public policy. See, e.g., Sternaman v. Metropolitan
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  26. Johnson's Administratrix v. Richmond
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  27. D. R. Co., 86 Va. 975, 11 S.E. 829 (1890). See also Bisso v. Inland
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  28. Otis Elevator Co. v. Maryland
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  29. clause. Our approach is, in this respect, consistent with American Stevedores, Inc. v. Porello
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  30. United States v. Haskin
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  31. Shamrock Towing Co. v. City
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  32. Williams v. Midland
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  33. is not infrequently permitted on implied or quasi -contractual theories. See, e.g., Associated Engineers, Inc. v. Job
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  34. a suit is permitted under South Carolina law apparently has not been authoritatively determined. See generally Burns v. Carolina
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  35. A number of courts have reached comparable results. See, e.g., Brogdon v. Southern
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  36. C & L Rural Elec. Coop. Corp. v. Kincaid
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  37. American Brass Co., 43 Wis.2d 36, 168 N.W.2d 112 (1969). See also United States v. Haskin
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  38. the general rule is that there is no right to contribution among joint tortfeasors. Atlantic Coast Line R. Co. v. Whetstone
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  39. Adams v. Davison-Paxon
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  40. E.g., Chrysler Corp. v. Hanover
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  41. Riess v. Murchison
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  42. Sternberger v. United
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  43. Rock Island, A. & L. R. Co. v. United
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  44. U.S. Supreme Court United States v. Seckinger
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  45. In American Stevedores, Inc. v. Porello
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  46. See United States v. County
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  47. See United States v. Haskin
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  48. Fisher v. United
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  49. (D.C.E.D.Pa.1969), and United States v. Accrocco
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  50. Associated Engineers, Inc. v. Job
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