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CONTINENTAL CAS. CO. v. AUTO-OWNERS INS. CO.

Nos. 99-3455, 99-3460, 00-1267, 00-1268 and 00-1347.

238 F.3d 941 (2000)

CONTINENTAL CASUALTY COMPANY, Appellee, v. AUTO-OWNERS INSURANCE COMPANY, Appellant/Cross-Appellee, Interstate Fire and Casualty Company, Appellee/Cross-Appellant, and Pacific Insurance Company, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 27, 2000.

Attorney(s) appearing for the Case

Timothy P. Tobin, argued, Minnetonka, Minnesota (Elliot L. Olsen, on the brief), for Appellant/Cross-Appellee.

Dale Oreland Thornsjo, argued, Minneapolis, Minnesota (William M. Hart and Randy A. Sharbono, on the brief), for Appellee/Cross-Appellant.

Stephen Jacobs, argued, New York, New York, for Appellee Pacific Ins. Co.

William Michael Hart, argued, for Appellee Continental Casualty.

Before WOLLMAN, Chief Judge, and BEAM and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This case arose out of a serious injury suffered by a worker who was engaged in the salvage operation of a derailed Burlington Northern Railway train. The worker, an employee of Fitzsimmons Service Company, which the railroad had hired to salvage goods from its derailed cars, sued (among others) Burlington Northern and Hulcher Services, Inc., a contractor whose job it was to stabilize the derailed cars so that the salvage operation...

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