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CHESAPEAKE AND O. RY. CO. v. ILLINOIS CENT. GULF R. CO.

No. 76-1831.

564 F.2d 222 (1977)

The CHESAPEAKE AND OHIO RAILWAY COMPANY, Plaintiff-Appellant, v. ILLINOIS CENTRAL GULF RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 20, 1977.

Rehearing Denied November 9, 1977.

Attorney(s) appearing for the Case

James R. Gannon, Chicago, Ill., for plaintiff-appellant.

Francis D. Morrissey, Thomas J. Healey, Chicago, Ill., for defendant-appellee.

Before SWYGERT, CUMMINGS and BAUER, Circuit Judges.

BAUER, Circuit Judge.

In this diversity action, the Chesapeake and Ohio Railroad (C & O) seeks indemnity from the Illinois Central Gulf Railroad (ICG) for a judgment paid by the C & O to an ICG employee, plus costs and attorney's fees incurred in defending the suit brought by the ICG employee against both parties to this action. The district court granted the ICG's motion for summary judgment on the ground that the governing Illinois law did not permit an...

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