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TURNER IN. GROUP v. KANSAS CITY SO. RY. CO.

No. 08-CA-88.

989 So.2d 155 (2008)

TURNER INDUSTRIES GROUP, L.L.C. and St. Paul/Travelers Insurance Company v. KANSAS CITY SOUTHERN RAILWAY COMPANY, State of Louisiana, through the Department of Transportation and Development, the Parish of St. Charles, St. Charles Parish Sheriff's Office, and St. Charles Parish Communications District.

Court of Appeal of Louisiana, Fifth Circuit.

June 19, 2008.

Attorney(s) appearing for the Case

Patrick A. Talley, Jr., Carl E. Hellmers, III, Louis M. Grossman, Frilot L.L.C., New Orleans, Louisiana, for Plaintiff/Appellant.

S. Gene Fendler, Carol Welborn Reisman, Liskow & Lewis, New Orleans, Louisiana, for Defendant/Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., THOMAS F. DALEY, and SUSAN M. CHEHARDY.

EDWARD A. DUFRESNE, JR., Chief Judge.

Kansas City Southern Railway Company ("KCS") appeals a summary judgment in favor of Prudential Insurance Company of America ("Prudential"), dismissing KCS' claim for contractual indemnity. For the reasons to follow, we affirm.

The present action stems from a collision that occurred on November 30, 2004 between a KCS train and a tractor trailer owned by plaintiff, Turner Industries Group, L.L.C. ("Turner"). KCS filed its...

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