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RAILWAY EXPRESS AGENCY, INC. v. MILLER

No. 10842.

346 S.W.2d 905 (1961)

RAILWAY EXPRESS AGENCY, INC., and American Airlines, Inc., Appellants, v. John L. MILLER and Fay Miller d/b/a Centex Turkey Hatchery, Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied May 31, 1961.

Attorney(s) appearing for the Case

Arthur P. Bagby, John C. Foshee, Austin, for appellant Ry. Express Agency, Inc.

Buck & Buck, Robert P. Clines, Fort Worth, for appellant American Airlines, Inc.

Lawrence L. Bruhl, Llano, L. Hamilton Lowe, Austin, for appellees.

GRAY, Justice.

Appellees, John L. Miller and Fay Miller, doing business as Centex Turkey Hatchery, sued appellants, American Airlines Incorporated and Railway Express Agency, to recover damages sustained to a shipment of 3,000 turkey poults.

Appellees delivered the poults to American at Fort Worth for shipment to the Idaho Poultry Company at Boise, Idaho. At that time American received the poults and issued to appellees an air-frieght uniform air bill reciting...

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