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SEABOARD AIR LINE R. CO. v. SARASOTA-FRUITVILLE D. DIST.

No. 16590.

255 F.2d 622 (1958)

SEABOARD AIR LINE RAILROAD COMPANY, Appellant, v. SARASOTA-FRUITVILLE DRAINAGE DISTRICT, Appellee.

United States Court of Appeals Fifth Circuit.

May 15, 1958.

Attorney(s) appearing for the Case

Morris E. White, Michael L. Kinney, Tampa, Fla., for appellant.

Charles E. Early, Sarasota, Fla., for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.

TUTTLE, Circuit Judge.

This is a motion for rehearing of the decision of this Court which held, one judge dissenting, that the judgment of the trial court should be reversed, 5 Cir., 251 F.2d 583. The question presented on the appeal is the validity of an agreement entered into in 1925 by which the Drainage District agreed to save the Railroad harmless "from all loss, damage, cost and expense which the Railway may sustain, resulting...

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