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SCHERFF v. MISSOURI-KANSAS-TEXAS RAILROAD CO.

No. 30851.

449 F.2d 23 (1971)

Louis A. SCHERFF, Plaintiff-Appellee-Cross-Appellant, v. MISSOURI-KANSAS-TEXAS RAILROAD CO., Defendant-Appellant-Cross-Appellee. NORTHERN NATURAL GAS COMPANY, Third-Party Plaintiff-Appellee-Cross Appellant, v. SHAMROCK CONSTRUCTORS, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 8, 1971.

Attorney(s) appearing for the Case

Elmer H. Parish, Fillmore, Parish, Martin, Kramer & Fillmore, Wichita Falls, Tex., for Missouri-Kansas-Texas Railroad Co.

George W. McCleskey, Harold O. Harriger, Lubbock, Tex., Thomas N. Wright, Thomas A. Wagoner, Omaha, Neb., Nelson, McCleskey, Harriger & Brazill, Lubbock, Tex., for Northern Natural Gas Co.

James C. Allums, Jr., James A. Williams, Bailey, Williams, Weber & Allums, Dallas, Tex., for Shamrock Constructors, Inc.

G. E. Pletcher, Helm, Jones & Pletcher, Houston, Tex., for Louis A. Scherff.

Before O'SULLIVAN, THORNBERRY and DYER, Circuit Judges.

DYER, Circuit Judge:

Plaintiff Scherff recovered damages from his employer, Missouri-Kansas-Texas Railroad Company, under the Federal Employers Liability Act for personal injuries sustained by him while performing his duties as a conductor during a switching operation. The Railroad's third party claim against Northern Natural Gas Company, based on contractual indemnity, was denied. Northern's claim against Shamrock Constructors, Inc., based on contractual indemnity...

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