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SUNLIGHT CARBON CO. v. ST. LOUIS & S. F. R. CO.

No. 7104.

15 F.2d 802 (1926)

SUNLIGHT CARBON CO. v. ST. LOUIS & S. F. R. CO.

Circuit Court of Appeals, Eighth Circuit.

November 1, 1926.

Attorney(s) appearing for the Case

Mather M. Eakes, of Tulsa, Okl. (Leslie W. Lisle, of Tulsa, Okl., on the brief), for plaintiff in error.

Ben Franklin, of Oklahoma City, Okl. (E. T. Miller, of St. Louis, Mo., and Stuart, Sharp & Cruce, of Oklahoma City, Okl., on the brief), for defendant in error.

Before LEWIS, Circuit Judge, and MUNGER and JOHNSON, District Judges.

JOHNSON, District Judge.

On October 22, 1921, the manufacturing plant of plaintiff in error, located at Red Fork, Tulsa county, Okl., was destroyed by fire. This suit was brought to recover from the defendant railroad company the damages suffered by plaintiff through the loss of its plant. The complaint contains three causes of action. In the first cause of action it is alleged that sparks from an engine being operated upon the railroad of the defendant in the vicinity...

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