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PLOOG v. OGILVIE

Nos. 51415, 51460.

309 N.W.2d 49 (1981)

Hugh PLOOG, Appellant, v. Richard OGILVIE, trustee in bankruptcy for Chicago, Milwaukee, St. Paul and Pacific Railway Company, Appellant, Donald Litin, d.b.a. Litin Paper Company, Respondent.

Supreme Court of Minnesota.

Rehearing Denied September 23, 1981.

Attorney(s) appearing for the Case

Yaeger & Yaeger, William G. Jungbauer, Minneapolis, for Ploog.

Rider, Bennett, Egan & Arundel and Scott K. Goldsmith, Minneapolis, for Ogilvie.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and M. J. Coyne, Minneapolis, for Litin.

Heard, considered, and decided by the court en banc.

PETERSON, Justice.

Plaintiff Hugh Ploog brought this action against defendants Richard Ogilvie, trustee in bankruptcy for the Chicago, Milwaukee, St. Paul and Pacific Railroad Company (the railroad), and Donald Litin, d.b.a. Litin Paper Company (Litin), for damages for personal injuries he sustained while removing a pallet from the sidetrack adjacent to Litin's freight dock. Each defendant crossclaimed for indemnity or contribution from the other. The jury found plaintiff...

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