ALTON R. CO. v. TUCKER

No. 10619.

138 F.2d 796 (1943)

ALTON R. CO. v. TUCKER et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 19, 1944.


Attorney(s) appearing for the Case

J. W. Gormley and O. O. Touchstone, both of Dallas, Tex., for appellant.

Frank A. Leffingwell and Ralph W. Currie, both of Dallas, Tex., for appellees.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.


SIBLEY, Circuit Judge.

The appellant was the terminal carrier, Missouri-Kansas-Texas R. R. Co. of Texas the initial carrier of a shipment by appellees of three cars of sacked onions from Garland, Texas, to Chicago, Ill. On one car the freight was paid at destination. On the other two cars the freight was partly paid by a sale of the onions, leaving $342.69 unpaid, for which appellant sued appellees on July 3, 1942. On agreed facts and undisputed testimony the District...

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