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CONSOLIDATED RAIL CORP. v. FOREST CARTAGE CO. INC.

No. 56734

68 Ohio App.3d 333 (1990)

CONSOLIDATED RAIL CORPORATION, Appellant, v. FOREST CARTAGE COMPANY, INC., et al., Appellees.

Court of Appeals of Ohio, Cuyahoga County.

Decided September 6, 1990.

Attorney(s) appearing for the Case

Gallagher, Sharp, Fulton & Norman, Forest A. Norman and John F. Hill, for appellant.

Jacobson, Maynard, Tuschman & Kalur Co., L.P.A., William D. Bonezzi and Kevin M. Norchi, for appellees.

KRUPANSKY, Judge.

On August 22, 1986 Consolidated Rail Corporation ("Conrail") instituted this action against Forest Cartage, Inc., Ronald J. Smoker, John N. Smoker, Smoker & Son (collectively "Forest Cartage") and St. Paul Fire & Marine Insurance Co. ("St. Paul"), alleging it was a "protected person" under the St. Paul insurance policy and indemnity clause in its contract with Forest Cartage and demanding a defense and indemnification as a result of a fatal...

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