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DIXIE MACH. WELD. & M. WKS., INC. v. ILLINOIS CENT. R. CO.

No. 5799.

285 So.2d 808 (1973)

DIXIE MACHINE WELDING & METAL WORKS, INC. and the Employers Liability Assurance Corporation v. The ILLINOIS CENTRAL RAILROAD COMPANY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 10, 1973.

Writ Refused February 1, 1974.

Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles, Charles F. Seemann, Jr., New Orleans, for plaintiffs-appellants.

Lemle, Kelleher, Kohlmeyer, Matthews & Schumacher, H. Martin Hunley, Jr., New Orleans, for defendant (and third party plaintiff) appellee-appellant.

Christovich & Kearney, James F. Holmes, New Orleans, for third party defendant-appellee.

Before LEMMON, J., and FLEMING and WICKER, JJ., pro tem.

LEMMON, Judge.

Dixie Machine Welding and Metal Works, Inc. the lessee of a 45-ton crane, and Employers Liability Assurance Corporation, Dixie's partially subrogated insurer, filed this suit to recover damages sustained when the boom of the crane was struck by railroad cars being switched by employees of Illinois Central Railroad Company. By third party demand I.C. sought contractual indemnification, attorney's fees and costs against Bunge Corporation, on whose premises...

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