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BALTIMORE AND OHIO RAILROAD CO. v. AMERICAN VISCOSE CORP.

Civ. A. No. 1032-W.

214 F.Supp. 287 (1963)

The BALTIMORE AND OHIO RAILROAD CO., Plaintiff, v. AMERICAN VISCOSE CORPORATION, Defendant.

United States District Court N. D. West Virginia, at Wheeling.

March 1, 1963.

Attorney(s) appearing for the Case

Stewart McReynolds, Howard Caplan, Clarksburg, W. Va., for plaintiff.

Charles V. Renner, Benjamin J. Parker, Parkersburg, W. Va., for defendant.

CHARLES F. PAUL, District Judge.

The plaintiff (Railroad) seeks indemnity, or, in the alternative, contribution, from the defendant (Industry) under the provisions of a spur-track agreement, for liability for personal injuries to one, Wade (an employee of the industry), resulting from a collision between a fork-lift truck being operated by Wade and the tender of the locomotive of a train being operated by the Railroad. The collision occurred December 19, 1955, at...

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