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LITTLE ROCK PACKING CO. v. CHICAGO, B. & Q. R. CO.

Nos. 7204, 7205, 7872.

116 F.Supp. 213 (1953)

LITTLE ROCK PACKING CO. v. CHICAGO, B. & Q. R. CO. (KANSAS CITY STOCK YARDS CO. OF MAINE et al., third-party defendants). NEUHOFF BROS. PACKERS v. CHICAGO, B. & Q. R. CO. (KANSAS CITY STOCK YARDS CO. OF MAINE et al., third-party defendants). EBNER BROS. PACKERS v. CHICAGO, B. & Q. R. CO. (KANSAS CITY STOCK YARDS CO. OF MAINE et al., third-party defendants).

United States District Court, W. D. Missouri, W. D.

October 23, 1953.

Attorney(s) appearing for the Case

Lyne, Wendover & Blanchette, and Fritz Lyne, Dallas, Tex., Gage, Hillix, Moore & Park, and John Kreamer, Kansas City, Mo., for plaintiff, Little Rock Packing Co. and Neuhoff Bros., Packers.

Charles F. Lamkin, Jr., Kansas City, Mo., for plaintiff, Ebner Bros., Packers.

Eldon Martin, Chicago, Ill., Lathrop, Crane, Sawyer, Woodson & Righter, Sam D. Parker and Carl E. Enggas, Kansas City, Mo., for defendant, Chicago, B. & Q. R. Co.

Langworthy, Matz & Linde, Kansas City, Mo., for third-party plaintiff, Chicago, B. & Q. R. Co., a corp.:

Roscoe C. Van Valkenburgh, Kansas City, Mo., for third-party defendants, Kansas City Stock Yards Co. of Maine, and Kansas City Connecting R. Co.

RIDGE, District Judge.

The above-entitled actions were consolidated for trial and are presently before the Court for decision on the merits.

Plaintiffs herein individually seek recovery for a substantial number of cattle which were lost during the Kansas City flood of July 13, 1951, allegedly due to defendant's negligence. Defendant, though denying liability, brings a third-party proceeding, seeking indemnity against the third-party defendants, the Kansas...

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