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LOUISVILLE & N. R. CO. v. TUCKER

No. 11840.

215 F.2d 227 (1954)

LOUISVILLE & N. R. CO. v. TUCKER et al.

United States Court of Appeals, Sixth Circuit.

August 31, 1954.

Attorney(s) appearing for the Case

Clifton & Mack, Memphis, Tenn., for appellant.

Harsh, Pierce, Cochran, Rickey & Carey, Memphis, Tenn., for appellees.

Lucius E. Burch, Jr., Memphis, Tenn., Clyde W. Key, Knoxville, Tenn., Edwin F. Hunt, Nashville, Tenn., R. H. Spragins, Jackson, Tenn., amicus curiae.

Before SIMONS, Chief Judge, and McALLISTER and MILLER, Circuit Judges.

PER CURIAM.

Appellant's petition for rehearing, together with brief of amici curiae, having been considered by the Court;

And the Court being of the opinion that the following quotation in the Court's opinion of March 8, 1954, taken from the opinion in Majestic v. Louisville & N. R. Co., 6 Cir., 147 F.2d 621, 624-625, which in turn was based on Nashville & Chattanooga R. Co. v. Anthony, 69 Tenn. 516, does not properly...

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