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SOUTHERN BELL TELEPHONE AND TELEGRAPH CO. v. FLORIDA EAST COAST RY. CO.

No. 25440.

399 F.2d 854 (1968)

SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, Appellant, v. FLORIDA EAST COAST RAILWAY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

August 29, 1968.

Attorney(s) appearing for the Case

Gerald Bard Tjoflat, Earl B. Hadlow, Jacksonville, Fla., for appellant, Mahoney, Hadlow, Chambers & Adams, Nathan H. Wilson, Jacksonville, Fla., of counsel.

Chester Bedell, Robert P. Smith, Jr., Jacksonville, Fla., for appellee.

Before POPE, TUTTLE and CLAYTON, Circuit Judges.

TUTTLE, Circuit Judge:

This appeal involves a dispute as to the terminability of a contract which the two parties entered into in 1917, and which contains no express term during which it was to run. Florida East Coast Railway Company (FEC) now seeks to terminate, and has refused to abide by its terms since March 1, 1965. Southern Bell brought this action in the district court seeking enforcement of the agreement. The district...

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