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MOSES v. UNION PACIFIC R.R.

Nos. 94-3740, 94-3742.

64 F.3d 413 (1995)

Theodore P. MOSES, Appellant, v. UNION PACIFIC RAILROAD, Appellee/Appellant, v. MID-SOUTH MILLING COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 29, 1995.

Rehearing Denied October 4, 1995.

Attorney(s) appearing for the Case

Douglas P. Dowd, St. Louis, MO, argued (Dennis J.C. Owens, Kansas City, MO, on the brief), for appellant.

Michael O'Keefe, St. Louis, MO, argued (James W. Erwin and J. Powell Carman, St. Louis, MO, on the brief), for appellee.

Before BOWMAN, Circuit Judge, HENLEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Theodore Moses sued Union Pacific and some other railroads for personal injuries arising out of an accident involving a railroad car. Union Pacific then impleaded Mid-South Milling Company, Mr. Moses's employer, for indemnity under an agreement between them. Mr. Moses was unsuccessful in his suit against Union Pacific, and the district court granted Mid-South's motion for summary judgment. Both Mr. Moses and Union Pacific have...

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