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ZONTELLI BROTHERS v. NORTHERN PACIFIC RAILWAY CO.

No. 16063.

263 F.2d 194 (1959)

ZONTELLI BROTHERS, a Corporation, Appellant, v. NORTHERN PACIFIC RAILWAY COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

January 26, 1959.

Attorney(s) appearing for the Case

Joseph B. Johnson, Duluth, Minn. (Reavill, Jenswold, Neimeyer & Johnson, Duluth, Minn., were with him on the brief), for appellant.

W. S. Lycan, Jr., St. Paul, Minn. (M. L. Countryman, Jr., and Earl F. Requa, St. Paul, Minn., were with him on the brief), for appellee.

Before JOHNSEN, VOGEL and MATTHES, Circuit Judges.

MATTHES, Circuit Judge.

The question presented for determination in this proceeding, which may be considered as ancillary to the main action,1 is focused upon the right of appellee, Northern Pacific, to contribution from appellant, Zontelli, for a portion of the amount paid by Northern Pacific in settlement of a death claim.

One Orton Alfred Ryen, for brevity's sake called Ryen, was an employee of Northern Pacific, who, while working...

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