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HARRIS v. ATCHISON, T. & S. F. RY. CO.

No. 75-1571.

538 F.2d 682 (1976)

R. L. HARRIS et al., Plaintiffs-Appellees, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY CO., Defendant-Appellee, Phillips Petroleum Co., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 13, 1976.

Attorney(s) appearing for the Case

T. L. Cubbage II, Jack Ritchie, Kenneth E. Rogers, Amarillo, Tex., for defendant-appellant.

Wayne B. Barfield, Amarillo, Tex., for R. L. Harris, et al.

A. B. Hankins, Michael C. Musick, Amarillo, Tex., for Atchison, T. & S. F. Ry. Co.

Before WISDOM and INGRAHAM, Circuit Judges, and GROOMS, District Judge.

INGRAHAM, Circuit Judge.

This Texas tort law diversity of citizenship case arises from a railway tank car explosion in which several firemen suffered personal injuries. The firemen recovered damages from the railroad company (Santa Fe) and cargo owner (Phillips). Santa Fe was granted indemnity against Phillips. Phillips appeals contesting the district court's finding on liability.1 We affirm.

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