Legal Opinion

Southern Pacific Transportation Company, a Corporation v. Darrell Nielsen, D/B/A Nielsen Warehouse Co.

Court of Appeals for the Tenth Circuit

Decided September 13, 1971No. 647-70_1PublishedCited by 14 opinions

1Opinion of the Court

KERR, District Judge.

This diversity action stems out of indemnity provisions included in a Bill of Sale between Southern Pacific Transportation Company, 1 as Seller, and Darrell Nielsen, as Buyer.

The controversial provisions of the Bill of Sale provide:

“7. Buyer agrees to reimburse Railroad the cost to Railroad * * * for performing any work deemed necessary, in the judgment of Railroad, to protect and safeguard property, * * * of Railroad while Buyer is performing the work contemplated by the terms and provisions of this indenture.
“8. Buyer hereby * * * agrees to indemnify and save harmless…

2Cases cited8 opinions

  1. United States v. SeckingerSupreme Court of the United States · 1970
  2. W. C. Case v. Dan C. AbramsCourt of Appeals for the Tenth Circuit · 1965
  3. Union Pacific Railroad v. El Paso Natural Gas Co.Utah Supreme Court · 1965
  4. Alamo Lumber Company v. Warren Petroleum CorporationCourt of Appeals for the Fifth Circuit · 1963
  5. Titan Steel Corp. v. WaltonCourt of Appeals for the Tenth Circuit · 1966

3 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Robert J. Ihrke and Mary E. Ihrke v. Northern States Power Company, a Minnesota CorporationCourt of Appeals for the Eighth Circuit · 1972
  2. Eli Trujillo v. Uniroyal Corporation, a New Jersey CorporationCourt of Appeals for the Tenth Circuit · 1979
  3. Keen v. Detroit Diesel AllisonCourt of Appeals for the Tenth Circuit · 1978
  4. Pacific Indemnity Company v. Broward County, and Florida Airmotive Sales, Inc.Court of Appeals for the Fifth Circuit · 1972
  5. Kansas City Power & Light Company v. United Telephone Company of Kansas, Inc.Court of Appeals for the Tenth Circuit · 1972

9 more not listed; retrieve them via the Exa API.

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