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BOSIN v. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE R. CO.

No. 59-C-155.

183 F.Supp. 820 (1960)

Robert BOSIN, a minor, and Sandra Bosin Hafenbraedl, a minor, by Harold Bosin, their guardian, Violet Bosin and Harold Bosin, Plaintiffs v. MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILROAD COMPANY, Defendant and Third-Party Plaintiff, and CITY OF FOND DU LAC, Third-Party Defendant.

United States District Court E. D. Wisconsin.

May 25, 1960.

Attorney(s) appearing for the Case

K. M. McLeod, Joseph D. Donohue and Raymond R. Colwin, Fond du Lac, Wis., for plaintiffs.

Richard S. Gibbs, Milwaukee, Wis., for plaintiffs.

Reginald W. Nelson, Milwaukee, Wis., Edward M. Glennon, Minneapolis, Minn., of counsel, for defendant and third-party plaintiff.

Frederick K. Foster, Fond du Lac, Wis., for third-party defendant.

GRUBB, District Judge.

This is a motion by the City of Fond du Lac (hereinafter called the "City") to dismiss a third-party complaint for contribution brought against it by the Minneapolis, St. Paul & Sault Ste. Marie Railroad Company (hereinafter called the "Railroad") in an action arising out of a railroad crossing accident.

The Railroad asserts that the view of the crossing signal and of the locomotive involved was obstructed by the low branches of...

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