BOOTH-KELLY LUMBER CO. v. SOUTHERN PACIFIC CO.

No. 12340.

183 F.2d 902 (1950)

BOOTH-KELLY LUMBER CO. v. SOUTHERN PACIFIC CO. SOUTHERN PACIFIC CO. v. BOOTH-KELLY LUMBER CO.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 11, 1950.


Attorney(s) appearing for the Case

Veazie, Powers & Veazie and James Arthur Powers, Portland, Or., for Booth-Kelly Lumber Co.

Koerner, Young, Swett & McCulloch, James C. Dezendorf, Alfred H. Corbett, all of Portland, Or., for Southern Pacific Co.

Before HEALY, BONE and POPE, Circuit Judges.


POPE, Circuit Judge.

This was an action by Southern Pacific Company, a Delaware Corporation, against Booth-Kelly Lumber Company, an Oregon Corporation, seeking to recover sums which it had paid to settle a judgment against it by one Mack D. Powers, and for which Southern Pacific Company asserted Booth-Kelly Lumber Company was obliged to indemnify it.

On February 8, 1945, Southern Pacific Company was moving a train of cars over an industrial track, constructed...

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