CHICAGO, M., ST. P. & P. R. CO. v. FAMOUS BRANDS, INC.

No. 17264.

324 F.2d 137 (1963)

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Appellant, v. FAMOUS BRANDS, INC., Appellee.

United States Court of Appeals Eighth Circuit.

November 14, 1963.


Attorney(s) appearing for the Case

Gene F. Bennett, Minneapolis, Minn., for appellant; Rider, Bennett, Egan & Johnson, Minneapolis, Minn., and E. O. Schiewe and R. K. Merrill, Chicago, Ill., on the brief.

Clyde F. Anderson (of Meagher, Geer, Markham & Anderson), Minneapolis, Minn., for appellee; O. C. Adamson, II and Mary Jeanne Coyne, Minneapolis, Minn., on the brief.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and MICKELSON, District Judge.


VAN OOSTERHOUT, Circuit Judge.

This is an appeal by plaintiff railroad from final judgment dismissing its complaint wherein it sought contractual indemnity from Famous Brands, Inc., defendant, for $56,972.95 paid by plaintiff in settlement of a Federal Employers Liability Act claim of Lloyd J. Enger. Like counsel, we will refer to the parties as plaintiff and defendant.

Plaintiff provides railway service to defendant via a spur track pursuant to a private...

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