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ATLANTIC COAST LINE R. CO. v. UNITED STATES SUGAR CORP.

No. 15208.

218 F.2d 426 (1955)

ATLANTIC COAST LINE RAILROAD COMPANY and John W. Martin, as Trustee of the property of the Florida East Coast Railway Company, Appellants, v. UNITED STATES SUGAR CORPORATION, Appellee.

United States Court of Appeals, Fifth Circuit.

January 21, 1955.

Attorney(s) appearing for the Case

Harold B. Wahl and Russell L. Frink, Jacksonville, Fla., G. L. Reeves, Tampa, Fla., Frank G. Kurka, Wilmington, N. C., William J. DeHoff, Jacksonville, Fla., of counsel, for appellants.

W. O. Mehrtens and Herbert S. Sawyer, Miami, Fla., F. C. Hillyer, Jacksonville, Fla., Forest P. Tralles, St. Louis, Mo., Evans, Mershon, Sawyer, Johnston & Simmons, Miami, Fla., of counsel, for appellee.

Before HOLMES, BORAH, and RUSSELL, Circuit Judges.

HOLMES, Circuit Judge.

The appellants sought a declaratory judgment as to their rights and legal relations under a contract, which contract they contend was misconstrued by the court below. On February 26, 1954, a case was pending before the Florida Railroad and Public Utilities Commission concerning the appellee's attempts to secure lower freight rates. There was also pending an undercharge suit against appellee in the district court. On that date, a meeting was...

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