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LOVELLETTE v. SOUTHERN RY. CO.

No. 89-2026.

898 F.2d 1286 (1990)

Orvan G. LOVELLETTE, Special Administrator of the Estate of Jeffrey Lovellette and Chelsea Lovellette, deceased, Nancy Garrett, Special Administrator for Sonia Lovellette, deceased, Pat Osmon, Special Administrator for Amber Osmon, deceased, Plaintiffs, v. SOUTHERN RAILWAY COMPANY, a corporation, Defendant/Third Party Plaintiff-Appellant, v. SNAP-ON TOOLS CORPORATION, Defendant/Third-Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 4, 1990.

As Amended on Denial of Rehearing May 7, 1990.

Attorney(s) appearing for the Case

M. Melinda Sanderson, John P. Kujawski, Kujawski & Rosen, Belleville, Ill., and C. Richard Collins, Evansville, Ind., for plaintiffs.

Timothy S. Richards, Richard M. Roessler, Gundlach, Lee, Eggmann, Boyle & Roessler, Belleville, Ill., and Joshua G. Vincent, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for defendants.

Before CUMMINGS, WOOD, Jr., and FLAUM, Circuit Judges.

HARLINGTON WOOD, Jr., Circuit Judge.

This diversity action only involves a dispute over which of two defendants is liable for a tragic train/automobile accident. The merits of the underlying tort suit are not at issue. In a cross-claim, Southern Railway Company ("Southern") seeks contractual indemnity from Snap-On Tools Corporation ("Snap-On") for any claims it may have to pay as a result of this accident. Under FED.R.CIV.P. 12(b)(6), the district court dismissed...

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