LOUISIANA & ARKANSAS RAILWAY CO. v. EXPORT DRUM CO.

No. 21899.

359 F.2d 311 (1966)

LOUISIANA & ARKANSAS RAILWAY COMPANY, Appellant, v. EXPORT DRUM COMPANY, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 6, 1966.


Attorney(s) appearing for the Case

Guy C. Lyman, Jr., W. E. Davis, Elizabeth R. Haak, New Orleans, La., for appellant, Milling, Saal, Saunders, Benson & Woodward, New Orleans, La., of counsel.

Raymond H. Kierr, New Orleans, La., for appellee.

Before GEWIN and COLEMAN, Circuit Judges, and McRAE, District Judge.


McRAE, District Judge:

This action was brought under the provisions of the Interstate Commerce Act by the Louisiana & Arkansas Railway Company ("Railway Company"), which sought to recover portions of freight charges that Export Drum Company, Inc. ("Export Drum"), had refused to pay. Involved were twenty-two shipments of old, used steel drums from points in Texas and Tennessee to Baton Rouge, Louisiana.

The district court found that the Railway Company...

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