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SOUTHERN PACIFIC TRANSPORTATION CO. v. NIELSEN

No. 647-70.

448 F.2d 121 (1971)

SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, Plaintiff-Appellee, v. Darrell NIELSEN, d/b/a Nielsen Warehouse Co., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 13, 1971.

Attorney(s) appearing for the Case

Ernest F. Baldwin, Jr., Salt Lake City, Utah, for appellant.

L. Ridd Larson and Marvin J. Bertoch, Salt Lake City, Utah, for appellee.

Before BREITENSTEIN and McWILLIAMS, Circuit Judges, and KERR, District Judge.

KERR, District Judge.

This diversity action stems out of indemnity provisions included in a Bill of Sale between Southern Pacific Transportation Company,1 as Seller, and Darrell Nielsen, as Buyer.

The controversial provisions of the Bill of Sale provide:

"7. Buyer agrees to reimburse Railroad the cost to Railroad * * * for performing any work deemed necessary, in the judgment of Railroad, to protect and safeguard property...

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