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CHICAGO & NORTHWESTERN TRANSP. CO. v. NEGUS-SWEENIE

No. 76-1171.

549 F.2d 47 (1977)

CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY, a corporation, et al., Appellees, v. NEGUS-SWEENIE, INC., a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 26, 1977.

Rehearing Denied February 24, 1977.

Attorney(s) appearing for the Case

Ronald H. Stave, Omaha, Neb., argued and filed brief, for appellant.

Joseph K. Meusey, Omaha, Neb., argued and filed brief, for appellees.

Before GIBSON, Chief Judge, VAN OOSTERHOUT, Senior Circuit Judge, and HENLEY, Circuit Judge.

GIBSON, Chief Judge.

In this diversity case, Negus-Sweenie, Inc. appeals from a judgment rendered by the District Court1 in a bench trial ordering Negus-Sweenie to indemnify Horizon Construction Company (Horizon) the amount of $50,626.67 for damages arising out of a train derailment in Omaha, Nebraska.

In 1970, the State of Nebraska and Hawkins Construction Company (Hawkins) entered into a contract for the construction of Interstate...

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