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GULF OIL CORP. v. BURLINGTON NORTHERN R.R., INC.

No. 84-2101.

751 F.2d 746 (1985)

GULF OIL CORPORATION, Plaintiff-Appellee, Cross-Appellant, v. BURLINGTON NORTHERN RAILROAD, INC. Successor in interest to St. Louis-San Francisco Railway Co., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

January 28, 1985.

Attorney(s) appearing for the Case

Henderson, Bryant & Wolfe, Joseph W. Wolfe, Ronald H. Clark, Sherman, Tex., for defendant-appellant, cross-appellee.

Harry P. Davis, Jr., Houston, Tex., for plaintiff-appellee, cross-appellant.

Before CLARK, Chief Judge, WISDOM and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Burlington Northern Railroad appeals from a judgment in favor of Gulf Oil Corporation, the lessee of its track, and from the dismissal of its counterclaim for indemnity under the lease. The suit arose from an accident caused when Gulf railroad cars rolled from the leased siding and caused substantial damage. A jury found that the railroad's negligence allowed the cars to roll from the leased track. The district court held that...

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