TEXAS CITY TERM. RY. CO. v. AMERICAN EQUIT. ASSUR. CO.

Civ. A. No. 542.

130 F.Supp. 843 (1955)

TEXAS CITY TERMINAL RAILWAY COMPANY, Plaintiff, v. AMERICAN EQUITABLE ASSURANCE COMPANY OF NEW YORK et al., Defendants.

United States District Court S. D. Texas, Galveston Division.

April 25, 1955.


Attorney(s) appearing for the Case

Wigley, McLeod, Mills & Shirley, Galveston, Tex., Preston Shirley, Galveston, Tex., for plaintiff Texas City Terminal Ry. Co.

Austin Y. Bryan, Jr., Houston, Tex., for defendants American Equitable Assurance Co. of New York and Colonial Assurance Co. of Philadelphia.

Thompson, Coe & Cousins, Dallas, Tex. (Will C. Thompson and R. B. Cousins, III), Dallas, Tex., for defendants Aetna Ins. Co., American Ins. Co., National Fire Ins. Co., Norwich Union Fire Ins. Society, Ltd., The Travelers Fire Ins. Co., and Yorkshire Ins. Co., Ltd.

Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., Newton Gresham, Houston, Tex., for defendants Pacific Fire Ins. Co. and United States Fire Ins. Co.


INGRAHAM, District Judge.

The facts and circumstances under which this litigation arose may be briefly stated as follows:

Prior to April 16, 1947, the United States instituted a program of furnishing fertilizer to certain foreign countries. The fertilizer was shipped by rail from points in Nebraska and Iowa to Texas City, Texas, under Government bills of lading and was described on the bills of lading variously as fertilizing compounds, fertilizer compound...

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