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DRUMMOND v. STEELE

No. 4566.

11 F.2d 595 (1926)

DRUMMOND v. STEELE.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 5, 1926.

Attorney(s) appearing for the Case

John A. Sibley, of Atlanta, Ga. (King, Spalding, MacDougald & Sibley, of Atlanta, Ga., on the brief), for plaintiff in error.

William D. Thomson, of Atlanta, Ga. (Candler, Thomson & Hirsch, of Atlanta, Ga., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is a writ of error to review a judgment dismissing plaintiff's petition on general demurrer. The facts alleged in the petition are substantially the same as those developed in the case of St. Andrews Bay Lumber Co. v. Drummond (C. C. A.) 299 F. 238, and need not be restated. In that case the plaintiff in this case recovered as damages the value of a quantity of rails removed from a terminal or branch line of railroad track. The point insisted...

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