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SOO LINE R. CO. v. OVERTON

No. 91-2722.

992 F.2d 640 (1993)

SOO LINE RAILROAD COMPANY, a Minnesota corporation, Third-Party Plaintiff-Appellant, v. David Bruce OVERTON, Third-Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 31, 1993.

Rehearing Denied May 3, 1993.

Attorney(s) appearing for the Case

Jack M. Freedman, Michael R. Conner, Barnes & Thornburg, Indianapolis, IN, Eric J. Magnuson (argued), Roger R. Roe, Jr., David T. Klapheke, Rider, Bennett, Egan & Arundel, Minneapolis, MN, for plaintiff-appellant.

C. Wendell Martin, Timothy E. Hollingsworth (argued), Martin, Wade, Hartley & Hollingsworth, Indianapolis, IN, Jon A. Hanson, Hanson & Lulic, Minneapolis, MN, for defendant-appellee.

Before BAUER, Chief Circuit Judge, RIPPLE, Circuit Judge, and BURNS, Senior District Judge.

JAMES M. BURNS, Senior District Judge.

Soo Line Railroad Company (Soo Line) appeals the district court's grant of summary judgment to David Bruce Overton on the grounds that the district court erred in its choice of law and the district court's application of Indiana law to Soo Line's third-party contribution claim was fundamentally unfair after the state court applied Minnesota law to the underlying tort action.

We have jurisdiction under 28 U.S.C. §...

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