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ROUSE v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD CO.

Nos. 72-1124, 72-1161.

474 F.2d 1180 (1973)

Gary L. ROUSE, Appellee, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellant, v. SUPERIOR COOPERATIVE ELEVATOR COMPANY. Gary L. ROUSE, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, Appellee, v. SUPERIOR COOPERATIVE ELEVATOR COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 1, 1973.

Attorney(s) appearing for the Case

B. A. Webster, Des Moines, Iowa, for Chicago, Rock Island and Pacific Railroad Co.

William F. Fanter, Des Moines, Iowa, for Superior Cooperative Elevator Co.

Francis Fitzgibbons, Esterville, Iowa, for Rouse.

Before LARAMORE, United States Court of Claims Senior Judge, BRIGHT and ROSS, Circuit Judges.

BRIGHT, Circuit Judge.

Gary L. Rouse, while serving as a brakeman for the Chicago, Rock Island and Pacific Railroad Company (Railroad), lost part of his leg when he struck a loading dock encroaching near a spur track and fell from a train, rolling beneath its wheels. Rouse brought this FELA action against the Railroad, which in turn sought indemnity or contribution in a third-party complaint against Superior Cooperative Elevator Company (Elevator) under terms of a...

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