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FITZGERALD v. SEABOARD SYSTEM R.R., INC.

No. 84-8633.

760 F.2d 1249 (1985)

Steven J. FITZGERALD, Plaintiff-Appellant, Cross-Appellee, v. SEABOARD SYSTEM RAILROAD, INC., Defendant-Appellee, Cross-Appellant, and SEABOARD SYSTEM RAILROAD, INC., Third-Party Plaintiff-Appellant. v. GEORGIA PORTS AUTHORITY, Third-Party Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 21, 1985.

Attorney(s) appearing for the Case

Grayson P. Lane, Brunswick, Ga. (argued), Fred T. Stapp, Jacksonville, Fla., for Fitzgerald.

Randall A. Jordan (argued), Mark J. Bujold, Brunswick, Ga., for Seaboard.

George H. Chamlee, Savannah, Ga., Daniel M. Formby, Asst. Atty. Gen. (argued), Atlanta, Ga., for Georgia Ports.

Before KRAVITCH and CLARK, Circuit Judges, and WRIGHT, Senior Circuit Judge.

PER CURIAM:

This is an appeal from a jury verdict in favor of the plaintiff Fitzgerald and against the defendant Seaboard System in the sum of $450,000.00 and judgment entered thereon. Subsequent to that judgment the district court entered a judgment in favor of the Georgia Ports Authority and against the Seaboard System, finding that the Seaboard could not collect indemnification from the Georgia Ports Authority based upon an indemnity agreement entered into between...

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