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BURLINGTON NORTHERN R. CO. v. FARMERS UNION

No. 99-1664.

207 F.3d 526 (2000)

BURLINGTON NORTHERN RAILROAD COMPANY, Appellee, v. FARMERS UNION OIL COMPANY OF ROLLA, a Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 28, 2000.

Attorney(s) appearing for the Case

Bruce H. Carlson, Fargo, North Dakota, argued, for appellant.

Sarah Andrews Herman, Fargo, North Dakota, argued (Cheryl Eia, on the brief), for appellee.

Before WOLLMAN, Chief Judge, McMILLIAN, Circuit Judge, and BATTEY, District Judge.

WOLLMAN, Chief Judge.

Farmers Union Oil Company (Farmers Union) and Burlington Northern Railroad Company (BN) are parties to an industrial track lease agreement that contains an indemnity clause that requires Farmers Union to indemnify BN for certain losses that BN suffers. The district court2 determined that this clause was triggered by an accident that occurred near Farmers Union's leased premises, and it therefore ordered Farmers Union...

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