MISSOURI PACIFIC RAILROAD COMPANY v. AUSTIN

No. 18780.

292 F.2d 415 (1961)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. Clyde AUSTIN, d/b/a Southern Shippers Association, and W. R. Flocks and J. A. Smith, a partnership, d/b/a Western Wood Products Company, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 28, 1961.


Attorney(s) appearing for the Case

Carroll R. Graham, Houston, Tex. (Hutcheson, Taliaferro & Hutcheson, Arterbury, Hoover & Graham, Houston, Tex., Roy L. Arterbury, Houston, Tex., of counsel), for appellant.

Kenneth H. Aynesworth, Jr., Houston, Tex. (Aynesworth & Mann, Houston, Tex., of counsel), for appellees.

Before JONES and BROWN, Circuit Judges, and DE VANE, District Judge.


JOHN R. BROWN, Circuit Judge.

This appeal by the Railroad from a judgment entered on a reparation award made by the Interstate Commerce Commission presents three questions. The first is the matter of the statute of limitations. Second, there is the problem of whether the traffic consultant Austin (one of the plaintiff-appellees) had an assignment of a 50% interest in the award as distinguished from a mere contingency. The third, and most serious, concerns the admissibility...

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