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BOSARGE v. GAINES

No. 8558.

93 F.2d 800 (1938)

BOSARGE v. GAINES.

Circuit Court of Appeals, Fifth Circuit.

January 11, 1938.

Attorney(s) appearing for the Case

William Estopinal, of Gulfport, Miss., for appellant.

R. A. Wallace, of Gulfport, Miss., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

On general demurrer the petition of Joe Bosarge against his employer, Frank Gaines, was dismissed. The facts alleged are simple. Gaines was a contractor building a warehouse and wharves at Gulfport, Miss., in which cement was used. A carload of cement shipped on interstate tariffs was placed by the railroad company for unloading on a side track along which ran the wooden depot platform. Gaines sent Bosarge...

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