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CHESAPEAKE AND OHIO RAILWAY COMPANY v. BARNABY

No. 18535.

414 F.2d 309 (1969)

The CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant and Third-Party Plaintiff-Appellant, v. L. A. BARNABY and Howard Parker, Third-Party Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

July 23, 1969.

Attorney(s) appearing for the Case

Paul O. Strawhecker, Grand Rapids, Mich., for appellant, Robert A. Straub, Detroit, Mich., on the brief.

Edward D. Wells, Grand Rapids, Mich., for appellees, Cholette, Perkins & Buchanan, Grand Rapids, Mich., on the brief.

Before PHILLIPS, EDWARDS and PECK, Circuit Judges.

EDWARDS, Circuit Judge.

This is a third-party action by plaintiff-appellant railroad against defendants, who were the driver and the owner of a mail truck which had struck and injured an employee of the railroad. The employee, Joseph Sleeman, had sued the railroad under the Federal Employers' Liability Act, 45 U.S.C. §§ 51-60 (1964), and recovered a judgment. Sleeman v. Chesapeake & Ohio R. R., 290 F.Supp. 817 (W...

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