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FIX FUEL AND MATERIAL CO. v. WABASH RAILROAD CO.

No. 15647.

243 F.2d 110 (1957)

FIX FUEL AND MATERIAL COMPANY, a corporation, Appellant, v. WABASH RAILROAD COMPANY, a corporation, Appellee.

United States Court of Appeals Eighth Circuit.

April 11, 1957.

Attorney(s) appearing for the Case

G. W. Marsalek, St. Louis, Mo. (Moser, Marsalek, Carpenter, Cleary Jaeckel & Hamilton, St. Louis, Mo., were with him on the brief), for appellant.

Alphonso H. Voorhees, St. Louis, Mo. (Ely, Ely & Voorhees and John L. Davidson, Jr., St. Louis, Mo., were with him on the brief), for appellee.

Before GARDNER, Chief Judge, WOODROUGH, Circuit Judge, and DONOVAN, District Judge.

GARDNER, Chief Judge.

This was an action brought by the Wabash Railroad Company against the Fix Fuel and Material Company to recover on a contract entered into between plaintiff and defendant on April 24, 1942. By this contract the Wabash Railroad Company leased to the Fix Fuel and Material Company the right to construct and operate an unloading pit under one of its team tracks at Jennings, Missouri. The contract contained provision that:

"As a part of the...

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