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CHICAGO, ROCK ISLAND & PACIFIC RY CO. v. UNITED STATES

No. 11282.

220 F.2d 939 (1955)

THE CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY COMPANY, a Corp., Plaintiff-Appellee, v. THE UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

May 3, 1955.

Attorney(s) appearing for the Case

Warren E. Burger, Asst. Atty. Gen., Paul A. Sweeney, Richard M. Markus, Attys., U. S. Dept. of Justice, Washington, D. C., John B. Stoddart, Jr., U. S. Atty., Springfield, Ill., for appellant.

Thomas P. Sinnett, Dale Ferguson, Rock Island, Ill., Thomas I. Megan, Chicago, Ill., for appellee.

Before MAJOR, LINDLEY and SWAIM, Circuit Judges.

MAJOR, Circuit Judge.

This action was brought by the plaintiff Railway Company against the United States under the Federal Tort Claims Act, 28 U.S.C.A. § 2671 et seq., to recover payments made by plaintiff to Joseph Emerick, one of its employees, who was injured through the alleged negligence of an employee of the defendant. Plaintiff characterizes the action as one for indemnity.

Plaintiff's employee Emerick...

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