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ROE v. BAGGETT TRANSPORTATION COMPANY

No. 20179.

326 F.2d 298 (1963)

Leon C. ROE, J. B. Johnson, E. A. Dillard, Gwyn Crouse and Irby Jackson, Appellants, v. BAGGETT TRANSPORTATION COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

December 27, 1963.

Attorney(s) appearing for the Case

Drayton N. Hamilton, Clifford J. Durr, Montgomery, Ala., for appellants.

James A. Simpson, William G. Somerville, Jr., Lange, Simpson, Robinson & Somerville, Birmingham, Ala., for appellee.

Before RIVES, WISDOM and GEWIN, Circuit Judges.

GEWIN, Circuit Judge.

This is the second time this case has been before this Court. The first opinion is reported in 228 F.2d 566 (5 Cir. 1956). The appellants, Roe, et als., are owner-lessors of motor trucks, and the appellee, Baggett Transportation Company, is a contract and common carrier. The suit was originally commenced in the year 1953 by the appellants seeking an accounting, and claiming a balance due from Baggett pursuant...

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