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SOUTHERN RY. CO. v. COCA-COLA BOTTLING CO.

No. 5195.

145 F.2d 304 (1944)

SOUTHERN RY. CO. v. COCA COLA BOTTLING CO.

Circuit Court of Appeals, Fourth Circuit.

October 6, 1944.

Attorney(s) appearing for the Case

George H. Ward, of Asheville, N. C., and W. T. Joyner, of Raleigh, N. C. (G. L. Jones, of Asheville, N. C., on the brief), for appellant.

J. Y. Jordan, Jr., of Asheville, N. C. (Jordan & Horner, of Asheville, N. C., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

The Southern Railway Company (hereinafter called Southern), indemnitee, brought a civil action against the Coca Cola Bottling Company of Asheville (hereinafter called Coca Cola), indemnitor, to recover under the provisions of an indemnity contract. The District Judge directed the jury to find a verdict in favor of Coca Cola and Southern has duly appealed.

Coca Cola, to facilitate its business operations, wished to construct a storage...

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