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  5. 775 S.W.2d 251 (1989)
 

TUMLINSON v. NORFOLK & WESTERN RY. CO.

No. WD 41172.

775 S.W.2d 251 (1989)

Ronald Dale TUMLINSON, Plaintiff, v. NORFOLK & WESTERN RAILWAY CO., Third Party Plaintiff/Appellant, v. W.M. BRODE COMPANY, Third Party Defendant/Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 1, 1989.

Application to Transfer Denied September 12, 1989.

Attorney(s) appearing for the Case

Richard E. McLeod, Robert T. Adams, Shook, Hardy & Bacon, Kansas City, for third-party plaintiff/appellant.

Robert O. Jester, Duane E. Butler, Ensz and Jester, Kansas City, for third-party defendant/respondent.

Ronald Dale Tumlinson, pro se.

Before TURNAGE, P.J., and CLARK and FENNER, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 1, 1989.

TURNAGE, Presiding Judge.

Norfolk & Western Railway Co. filed a third party petition against W.M. Brode Company seeking indemnification for the amount it had paid Ronald Tumlinson as a result of a railroad crossing accident. Trial to the court resulted in a judgment in favor of Brode and Norfolk appeals.

The facts were stipulated. In May, 1985, Norfolk entered into an...

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