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BYNUM v. BAGGETT TRANSPORTATION COMPANY

No. 15744.

228 F.2d 566 (1956)

Layman BYNUM, J. B. Johnson, E. A. Dillard, Irby Jackson, Leon C. Roe and Gwyn Crouse, Appellants, v. BAGGETT TRANSPORTATION COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

January 11, 1956.

Attorney(s) appearing for the Case

Clifford J. Durr, D. N. Hamilton, Montgomery, Ala., for appellants.

James A. Simpson, Reid B. Barnes, Lange, Simpson, Robinson & Somerville, Birmingham, Ala., for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.

BROWN, Circuit Judge.

Appellants, owner-lessors of motor trucks under an operating lease to appellee, Baggett Transportation Co., Inc., an interstate motor truck contract carrier, sought an accounting of their percentage share of the "earned revenue" or "revenue" fixed in the lease operating contract.1

Obviously a proper action for accounting in both substance and procedure, involving...

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