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CANTON RAILROAD CO. v. AMERICAN SMELTING & REFIN. CO., INC.

No. 74-1248.

504 F.2d 1377 (1974)

CANTON RAILROAD COMPANY, a body corporate, Appellee, v. The AMERICAN SMELTING AND REFINING COMPANY, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 29, 1974.

Attorney(s) appearing for the Case

Phillips L. Goldsborough, III, and Theodore B. Cornblatt, Baltimore, Md. (Smith, Somerville & Case, Baltimore, Md., on brief), for appellant.

Robert L. Ferguson, Jr., Baltimore, Md. (Donald C. Allen and Allen, Thieblot & Alexander, Baltimore, Md., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and BUTZNER and WIDENER, Circuit Judges.

PER CURIAM:

In seeking contribution or indemnity for a monetary settlement it had made under the Federal Employers' Liability Act for the death of its conductor, September 18, 1970 in Baltimore, the Canton Railroad Company sued The American Smelting and Refining Company, Inc. The accident occurred on a siding of the railroad owned by the ASARC. With the reasonableness of the amount paid agreed upon, the only issue was the question of the defendant's joint or concurrent...

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