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LONE STAR PACKAGE CAR CO. v. BALTIMORE & O. R. CO.

No. 14336.

212 F.2d 147 (1954)

LONE STAR PACKAGE CAR CO., Inc. v. BALTIMORE & O. R. CO. et al.

United States Court of Appeals, Fifth Circuit.

April 15, 1954.

Attorney(s) appearing for the Case

Malcolm R. Wilkey, Houston, Tex., Norman S. Rein, New York City, Rein, Mound & Cotton, New York City, Frank J. Knapp, Percy Don Williams, Butler, Binion, Rice & Cook, Houston, Tex., of counsel, for appellant.

Elmore H. Borchers, Laredo, Tex., Palmer Hutcheson, Jr., M. S. McCorquodale, Houston, Tex., Frank H. Cole, Jr., Cincinnati, Ohio, Hutcheson, Taliaferro & Hutcheson, Houston, Tex., of counsel, for appellees.

Before HOLMES, RUSSELL and RIVES, Circuit Judges.

RIVES, Circuit Judge.

The questions to be decided are whether a third party complaint was properly served on the Baltimore and Ohio Railroad Company, whether the district court acquired jurisdiction of that company, and whether the venue was properly laid.

The original action was brought in the district court by Insurance Company of North America, a Pennsylvania corporation, against Lone Star Package Car Company, Inc., a Texas Corporation,

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