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JACKSONVILLE TERMINAL CO. v. RAILWAY EXPRESS AGENCY, INC.

No. 18868.

296 F.2d 256 (1961)

JACKSONVILLE TERMINAL COMPANY, Appellant, v. RAILWAY EXPRESS AGENCY, INCORPORATED, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 11, 1962.

Attorney(s) appearing for the Case

Elliott Adams, Jacksonville, Fla., McCarthy, Adams & Foote, Jacksonville, Fla., of counsel, for appellant.

John S. Cox, Jacksonville, Fla., Cox, Grissett, MacLean & Webb, Jacksonville, Fla., of counsel, for appellee.

Before TUTTLE, Chief Judge, and JONES and WISDOM, Circuit Judges.

TUTTLE, Chief Judge.

Jacksonville Terminal Company (JTC), appeals from a judgment of the trial court, entered upon the jury's answers to three interrogatories, rejecting its claim for indemnity against the defendant, Railway Express Agency (REA).

JTC was the lessor and REA the lessee of railway terminal property in Jacksonville, Florida. The lease contained the following provisions:

"5. It is further agreed...

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