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CHICAGO, M., ST. P. & P. R. CO. v. ALVA COAL CORPORATION

No. 15357.

365 F.2d 49 (1966)

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Plaintiff-Appellee, v. ALVA COAL CORPORATION and Peabody Coal Company, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied August 16, 1966.

Attorney(s) appearing for the Case

David E. Rosenfeld, Robert G. Wolfe, Terre Haute, Ind., for appellants.

William P. Wooden and Henry J. Price, Indianapolis, Ind., Barnes, Hickham, Pantzer & Boyd, Indianapolis, Ind., of counsel, for appellee.

Before HASTINGS, Chief Judge, and DUFFY and MAJOR, Circuit Judges.

HASTINGS, Chief Judge.

Alva Coal Corporation, a Kentucky corporation, engaged in coal mining in Indiana, and Peabody Coal Company, an Illinois corporation, defendants-appellants,1 have appealed from a final judgment entered against them in favor of Chicago, Milwaukee, St. Paul and Pacific Railroad Company (railroad), a Wisconsin corporation. The railroad instituted this diversity action against Alva for indemnity or contribution for a...

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