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SHAW WAREHOUSE CO. v. SOUTHERN RAILWAY CO.

No. 18138.

288 F.2d 759 (1961)

SHAW WAREHOUSE COMPANY, Birmingham Ice and Cold Storage Company, and Boggs Cold Storage Company, Appellants, v. SOUTHERN RAILWAY COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 3, 1961.

Attorney(s) appearing for the Case

David J. Vann, Birmingham, Ala., A. Alvis Layne, Jr., Washington, D. C., E. L. All, D. H. Markstein, Jr., Francis H. Hare, Birmingham, Ala. (White, Bradley, Arant, All & Rose, Hare, Wynn & Newell, Markstein & Cooper, Birmingham, Ala., of counsel), for appellants.

Jos. F. Johnston, Birmingham, Ala., William D. McLean, Washington, D. C., L. Drew Redden, Leigh M. Clark, William S. Pritchard, Birmingham, Ala. (Cabaniss & Johnston, Birmingham, Ala., Rogers, Howard & Redden, Birmingham, Ala., N. K. Sneed, III, Washington, D. C., of counsel), for appellees.

Before HUTCHESON, BROWN and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

Shaw Warehouse Company, Birmingham Ice and Cold Storage Company, and Boggs Cold Storage Company sued the Southern Railway Corporation and two of its subsidiaries — The Alabama Great Southern Railway Company and The Georgia Industrial Realty Company1 — under Sections 8 and 9 of the Interstate Commerce Act.2 49 U.S.C.A. § 8 and § 9. The complaint alleges that the...

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