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KEMNER v. NORFOLK & WESTERN RY. CORP.

No. 5-88-0010.

188 Ill. App.3d 245 (1989)

544 N.E.2d 124

FRANCES E. KEMNER et al., Plaintiffs-Appellees, v. NORFOLK AND WESTERN RAILWAY CORPORATION, Defendant-Appellant (Monsanto Company, Defendant; G.A.T.X. Corporation, Defendant-Appellee and Separate Appellant; Dresser Industries, Inc., Defendant-Appellee and Separate Appellee; General American Transportation Corporation, Defendant-Appellee; Willamette Western Corporation, Third-Party Defendant).

Appellate Court of Illinois — Fifth District.

Opinion filed September 15, 1989.

Attorney(s) appearing for the Case

Stephen M. Schoenbeck, of Schoenbeck, Schoenbeck & Luther, of St. Louis, Missouri, for appellant Norfolk and Western Railway Corporation.

Ted L. Perryman and Lisa L. Fadler, both of Roberts, Perryman & Bomkamp, P.C., of St. Louis, Missouri, for appellee Dresser Industries, Inc.

Michael J. Pitzer and T. Michael Ward, both of Brown, James & Rabbitt, P.C., of St. Louis, MIssouri, for appellee General American Transportation Corporation.

Michael J. Pitzer and T. Michael Ward, both of Brown, James & Rabbitt, P.C., of St. Louis, Missouri, for G.A.T.X. Corporation.

Judgment affirmed.

PRESIDING JUSTICE WELCH delivered the opinion of the court:

This appeal is from an order dismissing defendant Norfolk and Western Railway Company's (the Railway's) counterclaim for indemnity against codefendants Dresser Industries, Inc. (Dresser), and General American Transportation Corporation (GATX), entered in the circuit court of St. Clair County in December of 1983.

The incident resulting in this appeal occurred on the night...

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