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SOUTHWESTERN S. & M. CO. v. INDUSTRIAL MOLLASSES CORP.

No. 117.

135 So.2d 481 (1961)

SOUTHWESTERN SUGAR & MOLASSES COMPANY v. INDUSTRIAL MOLASSES CORPORATION, D/B/A Manard Molasses Company, Godchaux Sugars, Inc. and Texas & New Orleans Railroad Company.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied January 2, 1962.

Attorney(s) appearing for the Case

Deutsch, Kerrigan & Stiles and Joaquin Campoy, New Orleans, for plaintiff and appellant.

Phelps, Dunbar, Marks, Claverie & Sims and John G. Weinmann, New Orleans, for Industrial Molasses Co., d/b/a Manard Molasses Co., defendant and appellee.

Milling, Saal, Saunders, Benson & Woodward and H. H. Hillyer, Jr., New Orleans, for Godchaux Sugars, Inc., defendant and appellee.

Chaffe, McCall, Phillips, Burke & Hopkins, Harry McCall, Jr., New Orleans, for Texas & N. O. R. Co., defendant and appellant.

Before McBRIDE, REGAN and JOHNSON, JJ.

McBRIDE, Judge.

On or about March 13, 1951, Southwestern Sugar & Molasses Company (hereinafter referred to as "Southwestern") purchased from Industrial Molasses Corporation, doing business as Manard Molasses Company (hereinafter referred to as "Industrial"), fifteen tank car loads of blackstrap molasses, to be shipped by Industrial from Raceland, Louisiana, to plaintiff's plant at Houston, Texas.

About April 4, 1951, pursuant to the aforementioned purchase...

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