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COLORADO MILLING & ELEVATOR CO. v. CHICAGO, R. I. & P. R. CO.

No. 9407.

382 F.2d 834 (1967)

The COLORADO MILLING & ELEVATOR CO., a corporation, Appellant, v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 8, 1967.

Attorney(s) appearing for the Case

Clayton B. Pierce, Oklahoma City, Okl. (John R. Couch, Oklahoma City, Okl., on brief), for appellant.

John A. Johnson, of Savage, Gibson, Benefield & Shelton, Oklahoma City, Okl., for appellee.

Before MURRAH, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and HICKEY, Circuit Judge.

MURRAH, Chief Judge.

In this indemnification suit Chicago, Rock Island and Pacific Railroad Company seeks to recover from its lessee, Colorado Milling & Elevator Company, an amount paid by the railroad as settlement to an injured employee. Judge Bohanon held that the lease contract, and particularly its indemnity provisions, clearly and unambiguously bound the milling company-appellant to indemnify the railroad-appellee. We affirm.

The stipulated facts...

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