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HELM v. WESTERN MARYLAND RY. CO.

No. 87-1088.

838 F.2d 729 (1988)

Roy W. HELM, III, Plaintiff, v. WESTERN MARYLAND RAILWAY COMPANY, a body corporate, Defendant-Appellant, v. The COUNTY COMMISSIONERS OF CARROLL COUNTY, Third Party Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 3, 1988.

Attorney(s) appearing for the Case

Ransom J. Davis (H. Russell Smouse, Kenneth D. Pack; Melnicove, Kaufman, Weiner, Smouse & Garbis, P.A., John P. Higinbothom, Baltimore, Md., on brief), for defendant-appellant.

Lee Baylin (George A. Nilson, Piper & Marbury, Baltimore, Md., Charles W. Thompson, Jr., Westminster, Md., on brief), for third party defendant-appellee.

Before MURNAGHAN and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

MURNAGHAN, Circuit Judge:

Having settled the claim of its injured employee, and upon losing in the district court on summary judgment, the Western Maryland Railway Company ("Railroad") comes to this Court seeking reimbursement through the enforcement of the indemnity clause in a contract granting Carroll County, Maryland the privilege of constructing a box culvert on part of the Railroad's right of way. The district court found the indemnity agreement void under a...

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