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NORTHERN PACIFIC RAILWAY v. HERMAN

No. 71-1145.

478 F.2d 1167 (1973)

NORTHERN PACIFIC RAILWAY, a corporation (Now Burlington Northern, Inc.), Plaintiff-Appellant, v. Theodore E. HERMAN, d/b/a Pete Herman Auction Market, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 7, 1973.

Attorney(s) appearing for the Case

Stephen H. Foster (argued), Jack S. Ramirez, Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, Mont., for plaintiff-appellant.

W. H. Bellingham (argued), Moulton, Bellingham, Longo & Mather, Billings, Mont., for defendant-appellee.

Before BARNES and DUNIWAY, Circuit Judges, and PECKHAM, District Judge.

PECKHAM, District Judge:

This case, which arises under Montana law, is an action seeking indemnity for money paid by the plaintiff railroad in satisfaction of a claim against it by one of the railroad's employees injured on the job. The single issue that this court need decide is whether the jury instruction formulated by the court below constituted reversible error. The parties do not dispute the applicability of Montana law, nor apparently do they dispute the applicable...

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