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HOME INSURANCE COMPANY v. RIDDELL

No. 16718.

252 F.2d 1 (1958)

The HOME INSURANCE COMPANY, Appellant, v. Thomas H. RIDDELL, Jr., and Charles F. Riddell, Appellees.

United States Court of Appeals Fifth Circuit.

January 21, 1958.

Attorney(s) appearing for the Case

William O. Carter, Jr., Jackson, Miss., Armstead F. Clay, Memphis, Tenn., Byrd, Wise & Smith, Jackson, Miss., and Fitzhugh & Clay, Memphis, Tenn., of counsel, for appellant.

Thomas H. Watkins, William F. Goodman, Jr., Jackson, Miss., L. G. Spivey, Canton, Miss., for appellees. Watkins & Eager, Jackson, Miss., and Ray, Spivey & Cain, Canton, Miss., of counsel.

Before RIVES, BROWN and WISDOM, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

The sole question is whether Riddell, the motor Carrier, while transporting 60 bales of cotton belonging to Ed Linn, the Shipper,1 on an interstate journey from Arkansas to Alabama under a contract made in Mississippi was doing so as a common carrier or as a private-contract-carrier. Actually, it is further narrowed to the simpler one: is the District Court's finding of a contract-private carrier status clearly...

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