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CHICAGO, R. I. & P. R. CO. v. POWERS FOUNDATION DRILLING CO.

Civ. No. 67-142.

294 F.Supp. 921 (1968)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, Plaintiff, v. POWERS FOUNDATION DRILLING COMPANY, a co-partnership composed of J. D. Powers and Powell W. Powers, Defendant.

United States District Court W. D. Oklahoma.

December 31, 1968.

Attorney(s) appearing for the Case

John A. Johnson, of Savage, Gibson, Benefield & Shelton, Oklahoma City, Okl., for plaintiff.

R. D. Looney, of Watts, Looney, Nichols & Johnson, Oklahoma City, Okl., for defendant.

MEMORANDUM OPINION

DAUGHERTY, District Judge.

The Plaintiff operates a railroad. The Defendant is in the construction business, apparently specializing in the drilling or placement of bridge and other foundation piers. The Plaintiff has a bridge on its railroad line near Trenton, Missouri. One of the concrete piers of this bridge began to tilt due to river action and in 1962 the same was replaced by the Plaintiff and Defendant. The replacement was effected...

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