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ST. LOUIS SOUTHWESTERN RY. CO. v. S. H. BOLINGER & CO.

No. 4793.

17 F.2d 924 (1927)

ST. LOUIS SOUTHWESTERN RY. CO. v. S. H. BOLINGER & CO., Limited.

Circuit Court of Appeals, Fifth Circuit.

March 30, 1927.

Attorney(s) appearing for the Case

J. D. Wilkinson, C. H. Lewis, and W. S. Wilkinson, all of Shreveport, La. (Wilkinson, Lewis & Wilkinson, of Shreveport, La., on the brief), for plaintiff in error.

H. C. Walker, Jr., of Shreveport, La. (Blanchard, Goldstein & Walker, of Shreveport, La., on the brief), for defendant in error.

Before WALKER, BRYAN and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

In this case defendant in error, hereafter called plaintiff, brought suit against plaintiff in error, hereafter called defendant, to recover $6,591.61, alleged to be due the Martindale & Ouachita River Railway Company on a division of freight collected by defendant on joint through rates; plaintiff having acquired the assets, and succeeded to the rights, of said company. Defendant interposed pleas of res adjudicata and the prescription of...

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