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ACME BRICK CO. v. CHICAGO, ROCK ISLAND & P. R. CO.

No. 13103.

186 F.2d 125 (1950)

ACME BRICK CO. v. CHICAGO, ROCK ISLAND & P. R. CO.

United States Court of Appeals Fifth Circuit.

December 29, 1950.

Attorney(s) appearing for the Case

Charles L. Stephens, J. A. Gooch, Fort Worth, Tex., for appellant.

John A. Kerr, Jr., Fort Worth, Tex., for appellee.

Before HUTCHESON, Chief Judge, McCORD, Circuit Judge, and DAVIDSON, District Judge.

HUTCHESON, Chief Judge.

Brought under Sections 1 to 8, Title 49 U.S.C.A. and under Art. 6360, Revised Civil Statutes of Texas, the suit was for $25,000.00 as damages for the failure and refusal of defendant to furnish car service to plaintiff's brick and brick parts plant at Bridgeport, Texas.

The claim was: that defendant was the only railroad operating a line through Bridgeport; that it had for many years operated

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