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BURLINGTON NORTHERN v. STONE CONTAINER

No. 95CA1290.

934 P.2d 902 (1997)

BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware corporation, Plaintiff-Appellant and Cross-Appellee, v. STONE CONTAINER CORPORATION, a Delaware corporation, Defendant-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. IV.

February 20, 1997.

Attorney(s) appearing for the Case

Knudsen, Berkheimer, Richardson & Endacott, Walter J. Downing, Denver, for Plaintiff-Appellant and Cross-Appellee.

Godin & Baity, LLC, Edward J. Godin, Kelly K. Robinson, Denver, for Defendant-Appellee and Cross-Appellant.

Opinion by Judge BRIGGS.

Plaintiff, Burlington Northern Railroad Company (railroad), appeals the award of damages on its judgment for indemnification against defendant, Stone Container Corporation (landowner). The landowner cross-appeals the judgment. We affirm the judgment against the landowner for indemnification, vacate the award of damages, and remand the cause for further findings regarding, and if necessary reconsideration of, the award of damages.

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