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COLONIAL STORES, INC. v. CENTRAL OF GEORGIA RAILWAY CO.

No. 18109.

279 F.2d 777 (1960)

COLONIAL STORES, INCORPORATED, Appellant-Appellee, v. CENTRAL OF GEORGIA RAILWAY COMPANY, Appellee-Appellant. CENTRAL OF GEORGIA RAILWAY COMPANY, Appellant, Appellee, v. COLONIAL STORES INCORPORATED, Appellee, Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 3, 1960.

Attorney(s) appearing for the Case

George B. Haley, Jr., Ernest P. Rogers, Atlanta, Ga., for appellant, Smith, Kilpatrick, Cody, Rogers & McClatchey, Atlanta, Ga., of counsel.

C. B. Rogers, James K. Rankin, Atlanta, Ga., for appellee, Powell, Goldstein, Frazer & Murphy, Atlanta, Ga., of counsel.

Before HUTCHESON, TUTTLE and JONES, Circuit Judges.

JONES, Circuit Judge.

A warehouse of Colonial Stores, Inc. was furnished with railway service by a spur track of the Central of Georgia Railway Company. These principals in this litigation will be referred to in this opinion as Colonial and Central. Colonial's warehouse platform was adjacent to Central's spur track. This track was built and maintained by Central pursuant to an agreement with Colonial which, among other things, provided:

"The Tenant [Colonial...

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