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ROBERTS v. CONSOLIDATED RAIL CORP.

No. 176, Docket 89-7296.

893 F.2d 21 (1989)

Wallace N. ROBERTS, Alfred L. Terrille, and Costa A. Michalakis, Plaintiffs-Appellees, v. CONSOLIDATED RAIL CORPORATION, Defendant and Third-Party Plaintiff-Appellee, Kurt and Susan Nusbaum, individually and d/b/a Nusbaum Excavating Co. and/or Nusbaum Contracting Co., and Hamilton Industrial Corporation, Third-Party Defendants, Kurt and Susan Nusbaum, individually and d/b/a Nusbaum Excavating Co. and/or Nusbaum Contracting Co., Third-Party Defendants-Appellees, Hamilton Industrial Corporation, Third-Party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 26, 1989.

Attorney(s) appearing for the Case

Robert M. Cohen, Ballston Lake, N.Y., for third-party defendant-appellant, Hamilton Indus. Corp.

Scott H. Barbour, McNamee, Lochner, Titus & Williams, P.C., Albany, N.Y., for third-party plaintiff-appellee, Consol. Rail Corp.

Richard C. Roxin (Michael J. Smith, Roemer and Featherstonhaugh, P.C., Albany, N.Y., of counsel), for third-party defendants-appellees, Kurt and Susan Nusbaum.

Collins, Collins & DiNardo, Buffalo, N.Y., for appellee, Wallace N. Roberts.

McClung, Peters & Simon, Albany, N.Y., for appellee, Alfred L. Terrille.

Graham, Campaign & McCarthy, New York City, for appellee, Costa A. Michalakis.

Before OAKES, Chief Judge, and MINER and MAHONEY, Circuit Judges.

OAKES, Chief Judge:

Hamilton Industrial Corporation ("Hamilton") appeals judgments of the United States District Court for the Northern District of New York, Lee P. Gagliardi, Judge, ordering Hamilton to indemnify the Consolidated Rail Corporation ("Conrail") for all sums paid by Conrail to its employees as a result of a collision between a Conrail train and a road grader operated by an independent contractor performing work at Hamilton's plant, and adjudging Hamilton...

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