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PENN CENTRAL CO. v. CHICAGO, MILWAUKEE, ST. PAUL & PAC. R. CO.

No. 18120.

433 F.2d 943 (1970)

PENN CENTRAL COMPANY (formerly the Pennsylvania Railroad Company), a corporation, and the Philadelphia, Baltimore and Washington Railroad Company, a corporation, Plaintiffs-Appellees, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a corporation (formerly Chicago, Milwaukee and St. Paul Railway Company), Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

October 30, 1970.

Attorney(s) appearing for the Case

William J. Harte, James P. Reedy, Chicago, Ill., for defendant-appellant.

Edward R. Gustafson, Chicago, Ill., for plaintiffs-appellees.

Before KILEY and KERNER, Circuit Judges, and REYNOLDS, District Judge.

KERNER, Circuit Judge.

This is an appeal from a diversity action brought by plaintiff-appellee, Penn Central Company (Penn Central), to recover an amount under an indemnification contract from defendant-appellant, Chicago, Milwaukee, St. Paul and Pacific Railroad Company (Chicago, Milwaukee). The district court granted Penn Central's motion for summary judgment and ruled that the money recoverable under the contract included...

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