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BALTIMORE AND OHIO R. CO. v. ALPHA PORTLAND CEMENT CO.

No. 11396.

218 F.2d 207 (1955)

The BALTIMORE AND OHIO RAILROAD COMPANY v. ALPHA PORTLAND CEMENT COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided January 10, 1955.

Attorney(s) appearing for the Case

Howard R. Detweiler, Philadelphia, Pa., (Frank R. Ambler, Philadelphia, Pa., for appellant on the brief).

Howard Burtt, Philadelphia, Pa., (Guckes, Shrader & Burtt, Philadelphia, Pa., for appellee on the brief).

Before BIGGS, Chief Judge, and MARIS and HARLAN, Circuit Judges.

MARIS, Circuit Judge.

The defendant, Alpha Portland Cement Company, appeals from a judgment entered against it in the United States District Court for the Eastern District of Pennsylvania in favor of the plaintiff, Baltimore and Ohio Railroad Company, in the sum of $36,517.89 to indemnify the plaintiff for sums paid by it in a compromise settlement of a claim of Ralph E. Miller, one of its employees. Miller, a brakeman, was injured in a derailment of plaintiff's freight...

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