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GREENBURG v. NORFOLK & WESTERN RY. CO.

No. 2787.

29 F.2d 111 (1928)

GREENBURG v. NORFOLK & WESTERN RY. CO.

Circuit Court of Appeals, Fourth Circuit.

November 8, 1928.

Attorney(s) appearing for the Case

Harry J. Capehart, of Welch, W. Va. (Leon P. Miller, of Welch, W. Va., on the brief), for appellant.

J. Randolph Tucker, of Welch, W. Va. (F. M. Rivinus, of Philadelphia, Pa., and Graham Sale, of Welch, W. Va., on the brief), for appellee.

Before PARKER and NORTHCOTT, Circuit Judges, and BAKER, District Judge.

PER CURIAM.

This was an action of assumpsit for the value of 1,000 tons of coke, which plaintiff alleged was wrongfully converted by the defendant Norfolk & Western Railway Company. We agree with the learned judge below that there was no substantial evidence that the coke which plaintiff claims to have lost was taken by defendant. Assuming that the evidence is sufficient to establish that employés of the defendant from time to time took away a total of 16...

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