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CANTON R. CO. v. AMERICAN SMELT. & REFINING CO., INC.

Civ. A. No. 71-647-M.

384 F.Supp. 1181 (1974)

CANTON RAILROAD COMPANY, Third-Party-Plaintiff, v. The AMERICAN SMELTING AND REFINING COMPANY, INC., Third-Party-Defendant.

United States District Court, D. Maryland.

January 3, 1974.

Attorney(s) appearing for the Case

Milton R. Jones, Norris W. Tingle, Baltimore, Md., for DiCamillo.

Donald C. Allen, Robert L. Ferguson, Jr., Baltimore, Md., for Canton Railroad Co.

Howard Goldberg, Phillips L. Goldsborough, III, Baltimore, Md., for American Smelting & Refining Co., Inc.

FINDINGS OF FACT

HART, Chief Judge.

1. On September 18, 1970, John J. DiCamillo was employed as a conductor by the Canton Railroad Company. At approximately 6:45 P.M., while performing his duties as a conductor on one of the crews of the Canton Railroad Company at Sidetrack "H" at the American Smelting and Refining Company Baltimore Plant, DiCamillo was killed as a result of being crushed between one of the freight cars and the loading platform adjacent...

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