ELY, Circuit Judge:
Appellee, hereinafter called "the railroad," filed suit in the United States District Court for the District of Arizona, seeking damages resulting from a collision between its freight train and a "carryall," an earth-moving machine, operated by appellant's employee. The appellant, which will be referred to as "the contractor," counterclaimed for damages sustained by it in the same accident. Jurisdiction of the court below rested upon diversity...
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