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CHICAGO & N. W. TRANSP. CO. v. HURST EXCAVATING, INC.

Nos. C 75-2022, C 74-2021.

498 F.Supp. 1 (1978)

CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Plaintiff, v. HURST EXCAVATING, INC., Defendant. HURST EXCAVATING, INC., Counterclaimant, v. CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY, Defendant to Counter-claim and Third-Party Plaintiff, v. IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY, Iowa State Board of Regents and State of Iowa, Third-Party Defendants.

United States District Court, N. D. Iowa, E. D.

May 11, 1978.

Attorney(s) appearing for the Case

C. A. Frerichs, Waterloo, Iowa, for plaintiff and counterclaimant, Hurst Excavating.

Frank W. Davis, Jr., T. Scott Bannister, David L. Charles, Des Moines, Iowa, for plaintiff and defendant to counterclaim and third party plaintiff, Chicago and North Western Transp. Co.

Richard C. Turner, Atty. Gen., Fred Haskins, Asst. Atty. Gen., Garry D. Woodward, Sp. Asst. Atty. Gen., Des Moines, Iowa, for third party defendants, Iowa State University of Science and Technology, Iowa State Board of Regents and State of Iowa.

ORDER

McMANUS, Chief Judge.

This matter is before the court upon the parties' motions for summary judgment and the State of Iowa's motion to dismiss. All motions have been resisted.

The issues presently before the court arise from a permissive counterclaim filed by Hurst Excavating, Inc. (Hurst) against the Chicago and North Western Transportation Company (Railroad) for negligent injury to Hurst's property.

Specifically, for the purposes...

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