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MISSOURI PACIFIC R. CO. v. SOUTHERN COTTON OIL DIV.

No. 5-3512.

390 S.W.2d 113 (1965)

MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. SOUTHERN COTTON OIL DIVISION, HUNT FOODS AND INDUTRIES, INC., Appellee.

Supreme Court of Arkansas.

Rehearing Denied June 7, 1965.

Attorney(s) appearing for the Case

William J. Smith and William H. Sutton, Little Rock, for appellant.

Wright, Lindsey, Jennings, Lester & Shults, Little Rock, for appellee.

McFADDIN, Justice.

This appeal involves a "switch agreement" between the parties. The appellant, Missouri Pacific Railroad Company (hereinafter called "Carrier"), filed this action against appellee, Southern Cotton Oil Division, Hunt Foods and Industries, Inc. (hereinafter called "Shipper"), basing its cause of action on the said switch agreement.

The shipper has a plant in Newport, Arkansas, and the carrier has three service tracts on the shipper's property...

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