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SEABOARD AIR LINE RAILROAD CO. v. SARASOTA-FRUITVILLE DRAINAGE DISTRICT

No. 16977.

255 F.2d 626 (1958)

SEABOARD AIR LINE RAILROAD COMPANY, Appellant, v. SARASOTA-FRUITVILLE DRAINAGE DISTRICT, Appellee.

United States Court of Appeals Fifth Circuit.

May 15, 1958.

Attorney(s) appearing for the Case

Wm. C. Steel, R. J. Beckham, Miami, Fla., Scott, McCarthy, Preston, Steel & Gilleland, Miami, Fla., of counsel, for appellant.

Charles E. Early, Sarasota, Fla., T. J. Blackwell, Robert Asti, Miami, Fla., for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from an order of the district court dismissing a third party claim by appellant against appellee based on the contract of indemnity which is dealt with in the case of the same name just decided by us, 255 F.2d 622.

In this case a railroad employee was injured in the derailment of appellant's train, which appellant alleged was caused by the improper maintenance of the Drainage District...

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