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CHESAPEAKE & O. RY. CO. v. TANTON

Civ. A. No. 79-10163, 79-10286.

496 F.Supp. 877 (1980)

CHESAPEAKE & OHIO RAILWAY COMPANY, Plaintiff, v. Duane Archie TANTON et al., Defendants. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Plaintiff, v. CHESAPEAKE & OHIO RAILWAY COMPANY et al., Defendants.

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

September 10, 1980.

Attorney(s) appearing for the Case

A. T. Lippert, Smith & Brooker, P. C., Saginaw, Mich. for C. & O. Railway Co.

Frederick L. Schmoll, III, Neal & Lengauer, Flint, Mich., for defendants Tanton and Felske.

D. J. Watters, Plunkett, Cooney, Rutt, Watters, Stanczyk & Pederson, Detroit, Mich., for St. Paul Fire & Marine Insurance.

George M. Tunison, Purcell, Tunison & Cline, P. C., Saginaw, Mich., Robert J. Stroebel, Stroebel & Meyer, P. C., Frankenmuth, Mich., for Star of the West and Michigan Millers Mutual Insurance Co.

Patrick D. Neering, Isackson, Neering & Quinn, P. C., Bay City, Mich., for Michigan Mutual Insurance Co.

Warren G. Otto, Otto & Otto, Saginaw, Mich., for Auto-Owners Insurance Co.

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

The above-entitled actions which were consolidated by order of March 4, 1980 arise out of a collision between a truck insured by defendant and counter-plaintiff, St. Paul Fire and Marine Insurance Co. (St. Paul), and a train owned and operated by plaintiff and counter-defendant, Chesapeake & Ohio Railway Co. (C & O RR), on January 11, 1979.

In Civil Action No. 79-10163, plaintiff...

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