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S.O.G., ETC. v. MISSOURI PAC. R. CO.

Nos. 80-1891, 80-1934.

658 F.2d 562 (1981)

S.O.G.-SAN ORE-GARDNER, Appellant, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellee, v. TRAVELERS INDEMNITY COMPANY. S.O.G.-SAN ORE-GARDNER, Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. TRAVELERS INDEMNITY COMPANY.

United States Court of Appeals, Eighth Circuit.

Decided August 31, 1981.

Attorney(s) appearing for the Case

Herschel H. Friday and B. S. Clark, argued, Little Rock, Ark., for appellee/cross-appellant.

Thomas M. Phillips, argued, Thomas R. Phillips, Houston, Tex., Ronald A. May, Little Rock, Ark., for appellant; Baker & Botts, Houston, Tex., Wright, Lindsay & Jennings, Little Rock, Ark., of counsel.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and LARSON, Senior District Judge.

LAY, Chief Judge.

S.O.G.-San Ore-Gardner (S.O.G.) entered into a contract on November 5, 1968, with the Missouri Pacific Railroad Company (Railroad) for the alteration of the Benzal Bridge over the White River, which is located near Benzal, Arkansas and is owned by the Railroad. The change was necessitated by the Arkansas River Project of the United States Army Corps of Engineers and the United States Coast Guard and included replacing the central pier and swing span...

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