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PENNSYLVANIA R. CO. v. DAOUST CONST. CO.

No. 10433.

193 F.2d 659 (1952)

PENNSYLVANIA R. CO. v. DAOUST CONST. CO.

United States Court of Appeals Seventh Circuit.

January 16, 1952.

Attorney(s) appearing for the Case

J. A. Bruggeman and Barrett, Barrett & McNagny, all of Fort Wayne, Ind., for appellant.

Arthur W. Parry, Merl A. Barns and Parry & Barns, all of Fort Wayne, Ind., for appellees.

Before KERNER, LINDLEY and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

This appeal presents for our consideration an order of the District Court dismissing the second paragraph of answer and the third party complaint filed by the appellant, The Pennsylvania Railroad Company, against The Daoust Construction Company and The United States Fidelity and Guaranty Company in two actions for personal injuries which had been consolidated for trial. The injuries complained of occurred when a Pennsylvania train struck a tournapull...

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