Theodore P. Moses v. Union Pacific Railroad, Appellee/appellant v. Mid-South Milling Company

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Theodore Moses sued Union Pacific and some other railroads for personal injuries arising out of an accident involving a railroad car. Union Pacific then impleaded Mid-South Milling Company, Mr. Moses’s employer, for indemnity under an agreement between them. Mr. Moses was unsuccessful in his suit against Union Pacific, and the district court granted Mid-South’s motion for summary judgment. Both Mr. Moses and Union Pacific have appealed their respective eases. We affirm as to Mr. Moses’s suit against Union Pacific, but reverse the grant of summary judgment…