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CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO. v. DAVILA

No. 43444.

489 P.2d 760 (1971)

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, and John Roe, Plaintiffs in Error, v. Norma DAVILA and Metropolitan Paving Company, Incorporated, a corporation, Defendants in Error.

Supreme Court of Oklahoma.

October 12, 1971.

Attorney(s) appearing for the Case

Robert W. Pittman, Savage, Gibson, Benefield & Shelton, Oklahoma City, for plaintiffs in error.

Jerome E. Hemry, Jerry L. Hemry, Hemry & Hemry, Oklahoma City, David R. Hardy, Ross T. Roberts, Shook, Hardy, Ottman, Mitchell & Bacon, Kansas City, Mo., for defendants in error.

IRWIN, Justice:

Following a car-train collision at a highway-railroad crossing, the owner and operator of the car (Norma Davila, referred to as plaintiff) commenced an action for damages against the railroad company (Rock Island) and its engineer, John Roe. Rock Island sought to join as an additional party-defendant its contractual indemnitor (Metropolitan) for the purpose of litigating in the same action its indemnity claim...

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