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CHESAPEAKE & O. RY. v. ST. PAUL FIRE & MARINE INS.

No. 82-1014.

701 F.2d 573 (1983)

CHESAPEAKE AND OHIO RAILWAY COMPANY, a Virginia corporation, Plaintiff-Appellee, v. ST. PAUL FIRE AND MARINE INSURANCE CO., a foreign corporation, Defendant-Appellant, ST. PAUL FIRE AND MARINE INSURANCE CO., a foreign corporation, Plaintiff, v. CHESAPEAKE & OHIO RAILWAY CO., a Virginia corporation, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided February 28, 1983.

Attorney(s) appearing for the Case

John P. Jacobs (argued), Plunkett, Cooney, Rutt, Watters, Stanczyk & Pedersen, Detroit, Mich., for defendant-appellant.

Michael Huffman (argued), A.T. Lippert, Jr., Smith & Brooker, George Tunison, Robert Stroebel, Saginaw, Mich., Patrick Neering, Bay City, Mich., Warren G. Otto, Saginaw, Mich., D.J. Watters, Detroit, Mich., for plaintiff-appellee.

Before KENNEDY, CONTIE and WELLFORD, Circuit Judges.

CONTIE, Circuit Judge.

St. Paul Fire and Marine Insurance Co. (St. Paul) appeals a district court, 496 F.Supp. 877, order denying its motion for summary judgment and granting summary judgment to the Chesapeake and Ohio Railway Company (C & O). The railroad recovered $700,000. We affirm.

At 1:50 p.m. on January 11, 1979, a truck driven by Duane Tanton and owned by Larry Felske...

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