Legal Opinion
Burlington Northern Railroad Company v. Farmers Union Oil Co., of Rolla, a Corporation
Court of Appeals for the Eighth Circuit
Decided May 21, 1997No. 96-3530PublishedCited by 2 opinions
1Opinion of the Court
BEAM, Circuit Judge.
This diversity case requires us to interpret a portion of an indemnity clause of an industrial railroad track lease. The district court determined that the indemnity clause had not been triggered by an accident because the events at issue did not occur “on or near” the leased premises. We reverse.
I. BACKGROUND
Farmers Union Oil Company (Farmers Union) maintains a fertilizer plant in Rolla, North Dakota. The plant is next to a spur line off the main track of the Burlington Northern Railroad Company (BN) and is located between two facilities maintained by the Rolla Grain…
2Cases cited6 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Jodee LANG, Plaintiff-Appellant, v. STAR HERALD, Defendant-AppelleeCourt of Appeals for the Eighth Circuit · 1997
- Hoge v. Burleigh County Water Management DistrictNorth Dakota Supreme Court · 1981
- Pamida, Inc. v. MeideNorth Dakota Supreme Court · 1995
- Barsness v. General Diesel & Equipment Co.North Dakota Supreme Court · 1988
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Burlington Northern Railroad Company v. Farmers Union Oil Company of Rolla, a CorporationCourt of Appeals for the Eighth Circuit · 2000
- Burlington Northern v. Farmers Union OilCourt of Appeals for the Eighth Circuit · 2000