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BOSTON AND MAINE RAILROAD v. BETHLEHEM STEEL CO.

No. 6032.

311 F.2d 847 (1963)

BOSTON AND MAINE RAILROAD, Plaintiff, Appellant, v. BETHLEHEM STEEL COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

January 4, 1963.

Attorney(s) appearing for the Case

Lawrence R. Cohen, Boston, Mass., for appellant.

Charles F. Barrett, with whom Robert W. Meserve and Nutter, McClennen & Fish, Boston, Mass., were on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is an action for indemnity removed from the Massachusetts Superior Court. Plaintiff appellant, Boston and Maine Railroad, is a Massachusetts corporation; defendant appellee, Bethlehem Steel Company, is of Pennsylvania. Railroad maintains a spur track on Massachusetts premises of Bethlehem under a so-called sidetrack agreement, the legality of which is not questioned. New York Central R. R. v....

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