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LINDEN v. CHICAGO, BURLINGTON & QUINCY RAILROAD

No. 72-1772.

483 F.2d 29 (1973)

Martin W. LINDEN, Plaintiff, v. CHICAGO, BURLINGTON & QUINCY RAILROAD, a corporation, and Farmers Elevator Mutual Insurance Company, a corporation, Defendants. CHICAGO, BURLINGTON & QUINCY RAILROAD, a corporation, Third Party Plaintiff, Appellant, v. HOLDREGE COOPERATIVE EQUITY EXCHANGE, a corporation, Third Party Defendant, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 15, 1973.

Attorney(s) appearing for the Case

Harry B. Otis, Omaha, Neb., for appellant.

William B. Craig, Omaha, Neb., for appellee.

Before MATTHES, Chief Judge, and LAY and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

This cause of action arose initially out of a construction agreement (Unloading Pit Agreement) between defendant-third party plaintiff, Chicago, Burlington & Quincy Railroad Co. (C.B. & Q.) and third party defendant, Holdrege Cooperative Equity Exchange (Holdrege) under which C.B. & Q. granted permission to Holdrege to construct an unloading pit in and under trackage operated by C.B. & Q. at Holdrege, Nebraska. The pit would...

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