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SIMS v. CHESAPEAKE AND OHIO RAILWAY COMPANY

No. 74-2205.

520 F.2d 556 (1975)

Jim F. SIMS, Plaintiff, Tomlinson Fleet Corporation, a Corporation, Cross-Plaintiff-Defendant-Appellee, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, a Virginia Corporation, Cross-Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

July 25, 1975.

Attorney(s) appearing for the Case

Robert A. Straub, Southfield, Mich., for cross-defendant-appellant.

John T. Jaeger, Johnson, Branand & Jaeger, Cleveland, Ohio, John A. Hamilton, Foster, Meadows & Ballard, Detroit, Mich., for cross-plaintiff-defendant-appellee.

Before EDWARDS, McCREE and LIVELY, Circuit Judges.

LIVELY, Circuit Judge.

This case concerns the right of a shipowner to recover by way of indemnity from a wharfinger the attorneys fees and other costs of litigation incurred by the shipowner in defending an action by a crew member against the shipowner and the wharfinger for personal injuries suffered in a fall on property subject to the control of the wharfinger. The plaintiff Sims was a member of the crew of the Sylvania, owned by Tomlinson. He was returning...

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