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MINNEAPOLIS, ST. P. & S. S. M. R. CO. v. CITY OF FOND DU LAC

No. 13277.

297 F.2d 583 (1961)

MINNEAPOLIS, ST. PAUL AND SAULT STE. MARIE RAILROAD COMPANY, Defendant and Third-Party Plaintiff-Appellee, v. CITY OF FOND DU LAC, Third-Party Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

December 28, 1961.

Attorney(s) appearing for the Case

Frederick K. Foster, City Atty., Fond Du Lac, Wis., Ray T. McCann, Milwaukee, Wis., Richard A. McDermott, Milwaukee, Wis., for appellant.

Reginald W. Nelson, Milwaukee, Wis., Edward M. Glennon, Minneapolis, Minn., for appellee, Whyte, Hirschboeck, Minahan, Harding & Harland, Milwaukee, Wis., of counsel.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and SWYGERT, Circuit Judges.

HASTINGS, Chief Judge.

This action was commenced by the filing of a complaint against third-party plaintiff-appellee, Minneapolis, St. Paul and Sault Ste. Marie Railroad Company (Railroad), to recover damages for injuries sustained by plaintiffs,1 as the result of a train-automobile collision. After issue had been joined and a pre-trial conference ordered, appellee Railroad commenced a third-party proceeding against third-party defendant...

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