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THOMPSON v. MILWHITE CO.

No. 15713.

292 S.W.2d 148 (1956)

Guy A. THOMPSON, Trustee, International-Great Northern Railroad Company, Appellant, v. The MILWHITE CO., Inc., Appellee.

Court of Civil Appeals of Texas, Fort Worth.

On Rehearing June 1, 1956.

Rehearing Denied June 29, 1956.

Attorney(s) appearing for the Case

Hutcheson, Taliaferro & Hutcheson, Woodul, Arterbury & Wren, Carroll R. Graham and Howard S. Hoover, Houston, for appellant.

Joe G. Fender, Houston, for appellee.

BOYD, Justice.

Guy A. Thompson, Trustee, International-Great Northern Railroad Company, appeals from a summary judgment granted to The Milwhite Co. Inc.

Appellee delivered to appellant several loaded freight cars, which were carried by appellant and his connecting carriers and delivered to the consignees. The correct and lawful charges were paid by appellee. Subsequently, appellee filed a claim alleging over payment. Appellant made refunds totaling $2,747...

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