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CHICAGO, R. I. & P. R. CO. v. CHICAGO & N. W. RY. CO.

Nos. 16424, 16425.

280 F.2d 110 (1960)

CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, Appellant, v. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Appellee. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Appellant, v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

August 10, 1960.

Attorney(s) appearing for the Case

A. B. Howland, Des Moines, Iowa, for Chicago, R. I. & P. R. Co.

Ray H. Johnson, Jr., Des Moines, Iowa, for Chicago & N. W. R. Co.

Before SANBORN, MATTHES and BLACKMUN, Circuit Judges.

MATTHES, Circuit Judge.

Appeals in this diversity action grow out of an accident which occurred on February 5, 1955, when B. L. Kleppe, an employee of Chicago & North Western Railway Company, hereinafter called "North Western", was injured while attempting to release a hand brake on a railroad car which was owned by Chicago, Rock Island & Pacific Railroad Company, hereinafter called "Rock Island." North Western was able to settle Kleppe's claim for $70,000...

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