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ILLINOIS CENTRAL RAILROAD COMPANY v. ZUCCHERO

No. 15216.

221 F.2d 934 (1955)

ILLINOIS CENTRAL RAILROAD COMPANY, a Corporation, Appellant, v. Vincent ZUCCHERO, Cosimo Zucchero, Joseph Zucchero and Vincent Zucchero, Jr., Partners, d/b/a Sugar Ripe Banana Company (formerly V. Zucchero & Company), Appellees.

United States Court of Appeals Eighth Circuit.

May 9, 1955.

Attorney(s) appearing for the Case

Herbert E. Bryant, St. Louis, Mo. (Wm. R. Gentry, St. Louis, Mo., Joseph H. Wright and Herbert J. Deany, Chicago, Ill., were with him on the brief), for appellant.

H. C. Gaebe, Jr., St. Louis, Mo. (Jones, Hocker, Gladney & Grand, St. Louis, Mo., were with him on the brief), for appellees.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

GARDNER, Chief Judge.

Appellees who are partners doing business at St. Louis, Missouri, under the name and style of the Sugar Ripe Banana Company brought this action against the Illinois Central Railroad Company, an interstate common carrier to recover damages to twelve carloads of bananas transported at various dates between February 9, 1950, and November 5, 1950, from New Orleans, Louisiana, to St. Louis, Missouri. The parties will be referred to as they appeared...

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