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LOUISIANA SOUTHERN RY. CO. v. ANDERSON, CLAYTON & CO.

No. 13143.

191 F.2d 784 (1951)

LOUISIANA SOUTHERN RY. CO. v. ANDERSON, CLAYTON & CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 7, 1951.

Attorney(s) appearing for the Case

St. Clair Adams, Jr., New Orleans, La., for appellant.

Geo. S. Wright, Dallas, Texas, J. Raburn Monroe, Nicholas Callan, New Orleans, La., for appellee.

Before HOLMES, BORAH, and RUSSELL, Circuit Judges.

RUSSELL, Circuit Judge.

The appellee, who, by our opinion,1 lost the fruits of the victory and judgment it had obtained in the trial Court, strenuously insisted by motion for rehearing that our determination that there was, in the trial Court, no serious effort to establish the liability of the defendant-carrier as a common carrier at common law evidenced a misconception and was erroneous. In...

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