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ROGERS v. FEDERAL EXP. CORP.

No. 93-2725.

20 F.3d 902 (1994)

Joseph M. ROGERS; Merlyn S. Rogers, Plaintiffs, v. FEDERAL EXPRESS CORPORATION, Defendant. FEDERAL EXPRESS CORPORATION, Third Party Plaintiff-Appellant, v. BARON AVIATION, INC., Third Party Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 5, 1994.

Attorney(s) appearing for the Case

Martin K. LaPointe, Chicago, IL, argued (Robert C. von Ohlen and John B. Austin, on the brief), for appellant.

Donald E. Woody, Springfield, MO, argued, for appellee.

Before BOWMAN, Circuit Judge, BRIGHT and ROSS, Senior Circuit Judges.

BRIGHT, Senior Circuit Judge.

Joseph Rogers, a pilot for Baron Aviation (Baron), sued the Federal Express Corporation (FEC) after sustaining injuries while exiting a DC-3 aircraft leased to Baron by FEC. FEC filed a third-party complaint against Baron seeking contractual indemnity under the airplane lease for any portion of Joseph and Merlyn Rogers' (the Rogers) damages caused by Baron. After the district court determined that Baron owed no contractual duty to indemnify...

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