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BLYTHEVILLE COTTON OIL CO. v. KURN

Nos. 10096, 10097.

155 F.2d 467 (1946)

BLYTHEVILLE COTTON OIL CO. v. KURN et al. HUMKO CO. v. SAME.

Circuit Court of Appeals, Sixth Circuit.

June 1, 1946.

Attorney(s) appearing for the Case

L. P. Miles, Sr., of Memphis, Tenn. (Miles & Miles, of Memphis, Tenn., on the brief), for Blytheville Cotton Oil Co.

John L. Exby, of Memphis, Tenn. (Evans, Exby, Moriarty & Creson, of Memphis, Tenn., on the brief), for the Humko Company.

Cooper Turner, of Memphis, Tenn. (Canada, Russell & Turner, of Memphis, Tenn., on the brief), for appellees.

Before HICKS, SIMONS and MILLER, Circuit Judges.

SIMONS, Circuit Judge.

The Humko Company bought 60,000 pounds of cottonseed oil from Blytheville. It was shipped by Blytheville in a tank car provided by the purchaser, over the railway being operated by the trustees, and was lost through leakage in transit. Humko sued both the shipper and the railroad, and in a trial to the court without a jury, Blytheville was held responsible for the loss because of negligent loading, and the railroad was absolved from liability...

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