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SOO LINE v. BROWN'S CREW CAR OF WYOMING

No. A04-1257.

694 N.W.2d 109 (2005)

SOO LINE RAILROAD COMPANY, d/b/a Canadian Pacific Railway, Respondent, v. BROWN'S CREW CAR OF WYOMING, Respondent, Progressive Casualty Insurance Company, an Ohio corporation, Appellant.

Court of Appeals of Minnesota.

April 5, 2005.

Attorney(s) appearing for the Case

Timothy K. Masterson, Spence, Ricke, Sweeney & Gernes, PA, St. Paul, MN, for Soo Line Railroad Company.

Dawn M. Parsons, Eagan, MN, for Brown's Crew Car of Wyoming.

Dale M. Wagner, Bassford Remele, A Professional Association, Minneapolis, MN; and Thomas F. Segalla, pro hac vice, Goldberg Segalla, LLP, Buffalo, NY, for Progressive Casualty.

Considered and decided by TOUSSAINT, Chief Judge; HUDSON, Judge; and PORITSKY, Judge.

OPINION

HUDSON, Judge.

This case arises out of injuries suffered by two of respondent Soo Line Railroad Company's employees while riding as passengers in a van operated by an employee of respondent Brown's Crew Car. On appeal from a summary judgment, appellant Progressive Casualty Insurance Company argues that (a) the indemnity agreement under which Brown's Crew Car must reimburse Soo Line Railroad Company...

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