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ILLINOIS CENT. GULF R. CO. v. INTERNATIONAL PAPER CO.

No. 86-4233.

824 F.2d 403 (1987)

ILLINOIS CENTRAL GULF RAILROAD COMPANY, Plaintiff-Appellee, v. INTERNATIONAL PAPER CO., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 18, 1987.

Attorney(s) appearing for the Case

Louis G. Baine, Jr., Baine & Moore, Jackson, Miss., Kirk G. Forrest, New York City, for defendant-appellant.

Burkett H. Martin, Henry D. Grandberry, III, Ward, Martin, Terry, King & Sorey, Vicksburg, Miss., for plaintiff-appellee.

Before WILLIAMS, JOLLY and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

The International Paper Co. (Paper) appeals a judgment that it must indemnify the Illinois Central Gulf Railroad Co. (Railroad) for payments the Railroad made to an injured railroad employee. We affirm in part, reverse in part and remand for a partial new trial.

I. Background

Paper owns and operates a mill near Redwood, Mississippi. In 1967, Railroad built a railroad spur, or "sidetrack," to the mill, and Paper and...

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