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CHICAGO & NORTH WESTERN v. CITY OF WINTHROP

No. 47137.

257 N.W.2d 302 (1977)

CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Appellant, v. CITY OF WINTHROP, Minnesota, defendant and third party plaintiff, Respondent, v. AUTO OWNERS INSURANCE COMPANY, Third Party Defendant.

Supreme Court of Minnesota.

July 22, 1977.

Attorney(s) appearing for the Case

Lindquist & Vennum and Edward M. Glennon and Nadine Strossen, Minneapolis, for appellant.

Young & Moriarty and Thomas G. McCarthy, Winthrop, for respondent.

Heard before ROGOSHESKE, TODD, and PLUNKETT, JJ., and considered and decided by the court en banc.

J. JEROME PLUNKETT, Justice.*

Plaintiff, Chicago and North Western Transportation Company, brought this action for reimbursement, pursuant to the terms of a license agreement, for amounts expended in connection with a Federal Employers' Liability Act (FELA) claim by one of its employees. The trial court granted motion of defendant, City of Winthrop, for summary judgment, and plaintiff has appealed to this court. Because the license and...

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