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NEW YORK TERMINAL WAREHOUSE CO. v. BULLINGTON

No. 14620.

213 F.2d 340 (1954)

NEW YORK TERMINAL WAREHOUSE CO. v. BULLINGTON.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 1, 1954.

Attorney(s) appearing for the Case

Hubert Dee Johnson, Paul Carrington, W. C. Gowan, Carrington, Gowan, Johnson & Walker, Dallas, Tex., for appellant.

Wm. Madden Hill, Aubrey J. Roberts, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RIVES, Circuit Judges.

RIVES, Circuit Judge.

Romer Bullington, as Trustee in Bankruptcy of the Estate of Denton Peanut Company, filed this action against New York Terminal Warehouse Company seeking to recover damages for its failure and refusal to deliver 224.1 tons of peanuts represented by eleven unredeemed negotiable warehouse receipts issued by the defendant warehouse company. In its answer the defendant pleaded a number of defenses, including the claim that some of the peanuts were...

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