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CHICAGO GREAT WESTERN RAILWAY COMPANY v. CASURA

Nos. 15484, 15528.

234 F.2d 441 (1956)

CHICAGO GREAT WESTERN RAILWAY COMPANY, Appellant, v. Walter R. CASURA and Swift & Company, Appellees. SWIFT & COMPANY, Appellant, v. Walter R. CASURA and Chicago Great Western Railway Company, Appellees.

United States Court of Appeals Eighth Circuit.

June 7, 1956.

Attorney(s) appearing for the Case

Vance B. Grannis, So. St. Paul, Minn. (Grannis & Grannis, So. St. Paul, Minn., on the brief), for Chicago Great Western Ry. Co.

Ira C. Peterson, Jr., Minneapolis, Minn. (Freeman, Peterson, Hoppe & Gaughan, Minneapolis, Minn., on the brief), for Swift & Co.

James H. Geraghty, St. Paul, Minn. (James H. Mulally and Sanborn, Jackson & Rice, St. Paul, Minn., on the brief), for Walter R. Casura.

Before GARDNER, Chief Judge, and JOHNSEN and VAN OOSTERHOUT, Circuit Judges.

GARDNER, Chief Judge.

At all times pertinent to the issues here involved Swift & Company owned, maintained and operated an extensive meat packing plant at South St. Paul, Minnesota. Appurtenant to and, in effect, a part of this establishment, there were many railway spur tracks and switching tracks.

At and for many years prior to January 14, 1954, the Chicago Great Western Railway Company had performed all the railway switching service at this plant and...

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