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SHIPPERS PRE-COOLING SERVICE v. MACKS

No. 12875.

181 F.2d 510 (1950)

SHIPPERS PRE-COOLING SERVICE v. MACKS.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 28, 1950.

Attorney(s) appearing for the Case

Frank W. Davies, Birmingham, Ala., for appellant.

J. Kirkman Jackson, Birmingham, Ala., for appellee.

Before HOLMES, McCORD, and BORAH, Circuit Judges.

McCORD, Circuit Judge.

Offie L. Macks, a resident of Florida, brought this suit for damages against Shippers Pre-Cooling Service, a Texas corporation, for personal injuries sustained as a result of the alleged negligence of the defendant while plaintiff was engaged in switching freight cars for the St. Louis & San Francisco Railroad Company at Atmore, Alabama.

The complaint contains three counts. The first and second counts charge simple negligence, while...

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