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CHICAGO, R. I. & P. R. CO. v. DOBRY FLOUR MILLS

No. 4706.

211 F.2d 785 (1954)

CHICAGO, R. I. & P. R. CO. v. DOBRY FLOUR MILLS, Inc.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 12, 1954.

Attorney(s) appearing for the Case

Nell Rhodes Fisher, Oklahoma City, Okl. (J. I. Gibson, Oklahoma City, Okl., was with her on the brief), for appellant.

Duke Duvall, Oklahoma City, Okl. (Paul Dudley and Dudley, Duvall & Dudley, Oklahoma City, of counsel), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

The plaintiff railroad company constructed a spur track from its main line to serve a flour mill belonging to the defendant located in Canadian County, Oklahoma.1 A spur track agreement was entered into which contained the following provisions:

"The Industry also agrees to indemnify and hold harmless the Trustees for loss, damage or injury from any act or omission of the Industry, its employees or agents...

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