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ILLINOIS CENTRAL RAILROAD v. MOORE

No. 12471.

228 F.2d 873 (1956)

ILLINOIS CENTRAL RAILROAD, Appellant, v. E. E. MOORE, d/b/a E. E. Moore and Company, Appellee.

United States Court of Appeals Sixth Circuit.

January 25, 1956.

Attorney(s) appearing for the Case

Jack Petree, Memphis, Tenn. (Joseph H. Wright, John W. Freels, Chicago, Ill., Burch, Porter & Johnson, Memphis, Tenn., Evans, Petree & Cobb, Memphis, Tenn., on the brief), for appellant.

Armistead F. Clay, Memphis, Tenn. (Fitzhugh & Clay, Memphis, Tenn., on the brief), for appellee.

Before SIMONS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

This appeal arises out of an action for damages instituted against a common carrier for the value of 49 bales of cotton placed by plaintiff1 Moore, a producer and shipper of cotton, upon defendant's platform for receiving, loading and shipping cotton in bales, and destroyed by fire. Plaintiff was assignee of claims of a generally identical nature belonging to M. P. Moore and W. P. Callis.

A jury was waived...

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