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MISSOURI PAC. R. CO. v. STAR CITY GRAVEL

No. 78-1556.

592 F.2d 455 (1979)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. STAR CITY GRAVEL CO., INC. and Tilmon A. Adams, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 12, 1979.

Attorney(s) appearing for the Case

Robert V. Light and Herschel H. Friday, of Friday, Eldredge & Clark, Little Rock, Ark., on brief for appellant.

Alan R. Humphries, of Eilbott, Smith, Eilbott & Humphries, Pine Bluff, Ark., on brief, for appellees.

Before STEPHENSON, HENLEY and McMILLIAN, Circuit Judges.

HENLEY, Circuit Judge.

Missouri Pacific Railroad Company (the Railroad) appeals the judgment of the district court denying it court costs and indemnity in the amount of $76,000.00 from Tilmon A. Adams. We affirm.

The Railroad brought this diversity suit in the Eastern District of Arkansas (The Honorable Elsijane T. Roy, District Judge, presiding) to recover $80,000.00 it had paid in settlement1 to James West, a conductor on one...

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