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CHESAPEAKE & O. RY. CO. v. CLAYTON & LAMBERT MFG. CO.

No. 11169.

188 F.2d 68 (1951)

CHESAPEAKE & O. RY. CO. v. CLAYTON & LAMBERT MFG. CO.

United States Court of Appeals Sixth Circuit.

April 13, 1951.

Attorney(s) appearing for the Case

LeWright Browning, Ashland, Ky., LeWright Browning, of Ashland, Ky., on brief; Browning & Gray, Ashland, Ky., of counsel, for appellant.

W. H. Dysard, Ashland, Ky., W. H. Dysard, of Ashland, Ky., on brief; Dysard & Dysard, Ashland, Ky., of counsel, for appellee.

Before SIMONS, MARTIN and MILLER, Circuit Judges.

MILLER, Circuit Judge.

Appellant, The Chesapeake and Ohio Railway Company, brought this action in the State court to enforce contribution from the appellee, Clayton & Lambert Manufacturing Company, as an alleged joint tort-feasor, under the provisions of Kentucky Revised Statutes, § 412.030. It was removed to the U. S. District Court, and, following a hearing, was dismissed by the District Judge.

Appellee, a manufacturing company in Detroit, Michigan...

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