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ATCHISON, T. & S.F. RY. CO. v. LAN FRANCO

Docket No. 32168.

266 Cal.App.2d 741 (1968)

72 Cal. Rptr. 631

ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant, Cross-complainant and Appellant, v. FRED R. LAN FRANCO, as Administrator, etc., et al., Defendants, Cross-defendants and Respondents.

Court of Appeals of California, Second District, Division One.

October 23, 1968.

Attorney(s) appearing for the Case

John J. Balluff, Matthew H. Witteman, Henry M. Moffat, Neal W. McCrory and John J. Schimmenti for Defendant, Cross-complainant and Appellant.

Chase, Rotchford, Drukker, Bogust & Tucker, Lawrence O. de Coster, Murchison Cumming, Baker & Velpmen, Ronald R. McQuoid and Henry F. Walker for Defendants, Cross-defendants and Respondents.

WOOD, P.J.

The Atchison, Topeka and Santa Fe Railway Company (referred to as Santa Fe) has appealed from an order dismissing its first amended cross-complaint (seeking implied indemnity), after cross-defendants' demurrers thereto were sustained without leave to amend.

The complaint alleged in part that while plaintiff, Mrs. Hoke, was a fare-paying passenger on a train owned and negligently operated by defendant Santa Fe, the train and a truck, owned and negligently...

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