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SHAW WAREHOUSE COMPANY v. SOUTHERN RAILWAY COMPANY

No. 18138.

294 F.2d 850 (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.

September 29, 1961.

Attorney(s) appearing for the Case

E. L. All, David J. Vann, D. H. Markstein, Jr., Birmingham, Ala., A. Alvis Layne, Jr., Washington, D. C., Francis H. Hare, Birmingham, Ala., for appellants.

Jos. F. Johnston, William S. Pritchard, L. Drew Redden, Birmingham, Ala., William D. McLean, Washington, D. C., Leigh M. Clark, Birmingham, Ala., for appellees.

Before HUTCHESON, BROWN, and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

The Court has considered carefully the appellants' application for a rehearing.

I.

The appellant warehouse companies argue that there is a direct conflict in statutory construction between this Court's opinion in the instant case, 288 F.2d 759, and the opinion of the three-judge court in Southern Railway Co. v. United States, D.C., 186 F.Supp. 29. The latter...

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