ALABAMA GREAT SO. R. CO. v. LOUISVILLE & NASHVILLE R. CO.

No. 15449.

224 F.2d 1 (1955)

The ALABAMA GREAT SOUTHERN RAILROAD COMPANY v. LOUISVILLE AND NASHVILLE RAILROAD COMPANY.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 16, 1955.


Attorney(s) appearing for the Case

Joseph F. Johnston, Leigh M. Clark, Birmingham, Ala., Sidney S. Alderman, Vice-President and Gen. Counsel, Henry L. Walker, Gen. Sol., Southern Railway System, Washington, D. C., Cabaniss & Johnston, Birmingham, Ala., of counsel, for appellant.

White E. Gibson, Birmingham, Ala., Robert E. Steiner, Jr., Robert E. Steiner, III, Montgomery, Ala., Charles H. Eyster, Decatur, Ala., J. L. Lenihan, Louisville, Ky., Steiner, Crum & Baker, Montgomery, Ala., of counsel, for appellee.

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


HUTCHESON, Chief Judge.

This suit, filed May 6, 1952, was brought to enforce the provisions for indemnity of what is known and called the Standard Detour Agreement, adopted, promulgated, and in use for years by the Association of American Railroads.

The prayer was for an order requiring the defendant to proceed to arbitration as required by paragraph 7 of the agreement, and, in the alternative, for the entry of a judgment declaring that, under paragraph 4...

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