Legal Opinion
Miller and Company of Birmingham, Inc. v. Louisville and Nashville Railroad Company
Court of Appeals for the Fifth Circuit
Decided January 31, 1964No. 20355PublishedCited by 26 opinions
1Opinion of the Court
RIVES, Circuit Judge.
In a declaratory judgment action, the district court construed the indemnity provisions of a spur-track agreement between the railroad and the industry 1 in favor of the railroad. The case was tried on stipulated facts. Paragraphs (12) and (14) of the contract between the railroad (first party) and the industry (second party) read as follows:
“(12) Second party agrees that it will not construct any overhead structure lower than 22 feet above the top of the rail of said track, or any structure within eight feet from center line of said track, and that it will not place or…
2Cases cited20 opinions
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Weyerhaeuser Steamship Co. v. Nacirema Operating Co.Supreme Court of the United States · 1958
- Dery v. WyerCourt of Appeals for the Second Circuit · 1959
- Booth-Kelly Lumber Co. v. Southern Pacific Co. Southern Pacific Co. v. Booth-Kelly Lumber CoCourt of Appeals for the Ninth Circuit · 1950
- Harry G. Seaboldt v. Pennsylvania Railroad Company (Defendant and Third-Party Plaintiff) v. Thompson Mahogany Company (Third-Party Defendant)Court of Appeals for the Third Circuit · 1961
15 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
- Bowser, Inc. v. The United States and General Steel Tank Co., Inc., Third-PartyCourt of Appeals for the Third Circuit · 1970
- Black Warrior Electric Membership Corporation v. Mississippi Power Company, Mississippi Power Company v. R. B. Stovall Construction Co.Court of Appeals for the Fifth Circuit · 1969
- Missouri Pacific Railroad Company v. International Paper CompanyCourt of Appeals for the Eighth Circuit · 1980
- Transcontinental Gas Pipe Line Corp. v. The Mobile Drilling BargeCourt of Appeals for the Fifth Circuit · 1970
21 more not listed; retrieve them via the Exa API.