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CHICAGO, R. I. & P. RY. CO. v. MARYLAND CASUALTY CO.

No. 10037.

75 F.2d 596 (1935)

CHICAGO, R. I. & P. RY. CO. v. MARYLAND CASUALTY CO.

Circuit Court of Appeals, Eighth Circuit.

January 30, 1935.

Attorney(s) appearing for the Case

Henry S. Conrad, of Kansas City, Mo. (Luther Burns, of Topeka, Kan., and L. E. Durham and Hale Houts, both of Kansas City, Mo., on the brief), for appellant.

Spencer F. Harris, of Kansas City, Mo. (Paul G. Koontz, of Kansas City, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH, and BOOTH, Circuit Judges.

SANBORN, Circuit Judge.

The appellant will be referred to as "the Rock Island"; the appellee as "the Casualty Company"; the Kansas City Terminal Railway Company as "the Terminal Company"; and the Pratt-Thompson Construction Company as "the contractor."

In the summer of 1923, the terminal company, which owns and operates the terminal facilities used by the Rock Island and other railroads entering Kansas City, Mo., engaged the contractor, by written agreement...

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