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STARR v. UNION PACIFIC RY. CO.

No. 89,597

31 Kan.App. 2d 906 (2003)

75 P.3d 266

JAMES E. STARR, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, Appellee/Cross-appellant, and ARCHER DANIELS MIDLAND CORPORATION, Appellant/Cross-appellee.

Court of Appeals of Kansas

Opinion filed August 29, 2003.

Attorney(s) appearing for the Case

Stanley N. Wilkins, and David D. Burkhead, of Slagle, Bernard & Gorman, P.C., of Kansas City, Missouri, for appellant/cross-appellee.

James M. Yeretsky, Gregory F. Maher, and Michael A. Preston, of Yeretsky & Maher, L.L.C., of Overland Park, for appellee/cross-appellant.

Before JOHNSON, P.J., GREENE, J., and DAVID W. KENNEDY, District Judge, assigned.

GREENE, J.:

Archer Daniels Midland Corporation (ADM) appeals the district court's grant of summary judgment in favor of Union Pacific Railroad Company (UP) on its claims that ADM should indemnify UP pursuant to contract for one half of the cost of a personal injury settlement with a railroad employee, James Starr, who was injured on ADM property. ADM also appeals the district court's award of one half of ADM's attorney fees and costs incurred in defending Starr's...

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