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THOMAS v. ATLANTIC COAST LINE RAILROAD COMPANY

No. 15022.

223 F.2d 1 (1955)

C. A. THOMAS, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, Appellee. R. O. PLANK, Appellant, v. ATLANTIC COAST LINE RAILROAD COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 22, 1955.

Attorney(s) appearing for the Case

Miller, Miller & Hewitt, Wareing T. Miller, West Palm Beach, Fla., Clarence J. Brown, Jr., Miami, Fla., for appellants.

Frank A. Howard, Jr., H. Reid DeJarnette, Miami, Fla., J. A. Franklin, Parker Holt, Fort Myers, Fla., Dixon, DeJarnette & Bradford, Miami, Fla., Henderson, Franklin, Starnes & Holt, Fort Myers, Fla., C. C. Howell, Atlantic Coast Line Railroad Company, Wilmington. N. C., for appellee.

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

TUTTLE, Circuit Judge.

Appellee's statement of the case appears to be clear and accurate, and we adopt and supplement that statement:

"This appeal involves two actions for damages brought against the appellee Railroad to recover the value of property lost in a fire on February 20, 1951. The locale of the property, and of all events of that day, was Lake Harbor, Florida, a small farming hamlet southeast of Lake Okeechobee and forming the point of interchange...

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