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NEW ORLEANS TERMINAL COMPANY v. SPENCER

No. 23241.

366 F.2d 160 (1966)

NEW ORLEANS TERMINAL COMPANY and Southern Pacific Company, Appellants, v. Charles W. SPENCER et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 11, 1966.

Attorney(s) appearing for the Case

Benjamin R. Slater, Jr., Malcolm L. Monroe, Walter J. Suthon, III, New Orleans, La., for plaintiff-appellant, New Orleans Terminal Co., W. Graham Claytor, Jr., Arnold B. McKinnon, Covington & Burling, William H. Allen, Washington, D. C., Monroe & Lemann, New Orleans, La., of counsel.

Harry McCall, Jr., New Orleans, La., for Southern Pacific Co.

Nathan Greenberg, Gretna, La., Louis G. DeSonier, Jr., Ferdinand M. Lob, Metairie, La., Waverly A. Henning, Asst. Dist. Atty., Parish of Jefferson, for appellees.

Before JONES and BELL, Circuit Judges, and BREWSTER, District Judge.

JONES, Circuit Judge:

The New Orleans Terminal Company is one of a number of railway companies which form the Southern Railway System. It operates a short rail line for moving and interchanging freight shipments between the railroads coming into New Orleans from the east and northeast and those from the west and northwest. It is the conduit for the flow of freight traffic through New Orleans from East to West and West to...

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