UNITED STATES
v.
HEALY ET AL.

U.S. | 1963-04-15
No. 783
372 U.S. 963 Supreme Court of the United States (1963) Positive Treatment
Cited by 5 cases

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  • …310 F. 2d 481. Because of a conflict between this decision and the decision of the Court of Appeals for the Second Circuit in Booth S. S. Co. v. Meier & Oelhaf Co., 262 F. 2d 310, and the importance of the question involved, we granted certiorari. 372 U. S. 963. For the reasons stated below, we have determined that the absence of negligence on the part of a stevedore who furnishes defective equipment is not fatal to the shipowner’s claim of indemnity based on the stevedore’s implied warranty of workmanlike…
  • United States v. Healy, 376 U.S. 75 (U.S. 1964)
    …Government filed a notice of appeal to this Court under 18 U. S. C. § 3731, permitting direct appeal when the dismissal of an indictment is based on construction of the statute upon which the indictment is founded. We noted probable jurisdiction, 372 U. S. 963. We conclude that the judgment of dismissal must be reversed. I. Appellees contend that this Court is without jurisdiction and is thereby precluded from considering the case on its merits. They argue that, absent authorization by statute or rule,…
  • …it’s decision in Booth S. S. Co. v. Meier & Oelhaf Co., 2 Cir., 1958, 262 F. 2d 310, 1959 AMC 1974, and Italia Societa Per Azioni di Navigazione v. Oregon Stevedoring Co., 9 Cir., 1962, 310 F. 2d 481, 1963 AMC 79, certiorari granted and now pending, 372 U.S. 963, 83 S.Ct. 1094, 10 L.Ed.2d 127. As each of these two opinions reveal, the problem there dealt with arose from the Ryan concept of “the warranty of workmanlike service.” The question posed, then, was: in a relationship giving rise to the Ryan warrant…

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