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COOK v. SOUTHERN PAC. TRANSP. CO.

No. 75-246 L; CA 13267.

623 P.2d 1125 (1981)

50 Or.App. 547

Russell COOK, Plaintiff, v. SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Corporation, Respondent, v. J.W. CANNON, an Individual, Appellant, v. MALVIN W. BURWELL AND CHARLES F. DELAP, Jr., Defendants. Russell Cook, Plaintiff, v. Southern Pacific Transportation Company, a Corporation, Defendant, v. J.W. CANNON, an Individual, Respondent, v. Malvin W. Burwell and Charles F. DeLap, Jr., Appellants.

Court of Appeals of Oregon, In Banc.

Resubmitted February 12, 1981.

Decided February 18, 1981.

Reconsideration Denied April 9, 1981.

Review Denied May 5, 1981.

Attorney(s) appearing for the Case

H.F. Smith, Klamath Falls, argued the cause and filed the briefs for appellant-respondent Cannon.

Stanley C. Jones, Klamath Falls, argued the cause for appellants Burwell and DeLap. With him on the brief was Giacomini, Jones & Associates, Klamath Falls.

James H. Clarke, Portland, argued the cause for respondent Southern Pacific Transportation Company. With him on the brief were Jeffrey M. Batchelor, Robert E. Maloney, Jr., and Spears, Lubersky, Campbell & Bledsoe, Portland.

Resubmitted In Banc February 12, 1981.

JOSEPH, Chief Judge.

Plaintiff, a brakeman on defendant's railroad, brought an action for personal injuries against defendant under the Federal Employers' Liability Act, 45 U.S.C. § 51 et seq. Defendant filed a third party complaint for indemnity against Cannon, an individual with whom defendant had contracted for the demolition and salvage of its abandoned station at Chiloquin, Oregon. Cannon, in turn, brought...

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