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BURLINGTON NORTHERN R. CO. v. FARMERS UNION OIL

No. 96-3530.

114 F.3d 705 (1997)

BURLINGTON NORTHERN RAILROAD COMPANY, Appellant, v. FARMERS UNION OIL CO., of Rolla, a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 21, 1997.

Attorney(s) appearing for the Case

Sarah Andrews Herman, argued, Fargo, ND (Todd E. Zimmerman, on the brief), for appellant.

Bruce H. Carlson, argued, Fargo, ND, for appellee.

Before WOLLMAN and BEAM, Circuit Judges and REASONER, District Judge.

BEAM, Circuit Judge.

This diversity case requires us to interpret a portion of an indemnity clause of an industrial railroad track lease. The district court determined that the indemnity clause had not been triggered by an accident because the events at issue did not occur "on or near" the leased premises. We reverse.

I. BACKGROUND

Farmers Union Oil Company (Farmers Union) maintains a fertilizer plant in Rolla, North Dakota. The plant is next to...

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