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AMERICAN HOIST & DERRICK CO. v. CHICAGO, M., ST. P. & P. R. CO.

No. 18668.

414 F.2d 68 (1969)

AMERICAN HOIST & DERRICK COMPANY, Plaintiff-Appellee, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Third-Party Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

July 29, 1969.

Attorney(s) appearing for the Case

Harry P. Jeffrey, Dayton, Ohio, for appellant, James P. Reedy, Chicago, Ill., Iddings, Jeffrey & Donnelly, Dayton, Ohio, on brief.

F. Thomas Green, Dayton, Ohio, for appellee, Pickrel, Schaeffer & Ebeling, Dayton, Ohio, on brief.

Before PHILLIPS, EDWARDS, and McCREE, Circuit Judges.

PHILLIPS, Circuit Judge.

This action arose out of the derailment of a train in which a locomotive crane was destroyed. The parties are American Hoist and Derrick Company (American Hoist), manufacturer and seller of the crane; Price Brothers Company (Price), buyer of the crane; and Chicago, Milwaukee, St. Paul and Pacific Railroad Company (the railroad), transporter of the crane.

The litigation began with American Hoist suing Price on the contract of

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