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BROWN & ROOT v. MISSOURI PAC. R. CO.

No. 11092.

381 So.2d 1255 (1980)

BROWN & ROOT et al. v. MISSOURI PACIFIC RAILROAD CO. et al.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied April 18, 1980.

Attorney(s) appearing for the Case

Robert Henry Sarpy, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, for Monsanto Co. and The Travelers Ins. Co.

Esmond Phelps, II, Phelps, Dunbar, Marks, Claverie & Sims, New Orleans, for Missouri Pac. R. Co.

Before REDMANN, LEMMON and SCHOTT, JJ.

REDMANN, Judge.

Free-rolling cars of Missouri Pacific Railroad damaged Brown & Root equipment and Monsanto facilities on April 5, 1976. On March 31, 1977, Brown & Root and its insurer sued Missouri Pacific, which on May 23 reconvened for its damages and also third-partied Monsanto for those damages and for indemnity or contribution. Monsanto answered on July 29, 1977, and almost a year later, on June 16, 1978, it filed an "intervention or reconventional demand...

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