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FREED v. GREAT ATLANTIC & PACIFIC TEA CO.

Nos. 18246, 18247.

401 F.2d 266 (1968)

Raymond K. FREED, Plaintiff, v. GREAT ATLANTIC & PACIFIC TEA CO., Defendant. ERIE LACKAWANNA RAILROAD CO., Defendant and Third-Party Plaintiff-Appellee, v. The WATSON TERMINAL AND WAREHOUSE CO., Third-Party Defendant-Appellant. Raymond K. FREED, Plaintiff, v. GREAT ATLANTIC & PACIFIC TEA CO., Defendant. ERIE LACKAWANNA RAILROAD CO., Defendant and Third-Party Plaintiff-Appellant, v. GREAT ATLANTIC & PACIFIC TEA CO., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

September 9, 1968.

Attorney(s) appearing for the Case

Russell E. Leasure, Cleveland, Ohio, for Watson Terminal and Warehouse Co., Baker, Hostetler & Patterson, Cleveland, Ohio, on brief.

John Ranz, Youngstown, Ohio, for Erie Lackawanna Railroad Co., Manchester, Bennett, Powers & Ullman, Youngstown, Ohio, on brief.

Jack C. Harris, Youngstown, Ohio, for Great Atlantic & Pacific Tea Co., Wilson & Wyatt, Youngstown, Ohio, on brief.

Before O'SULLIVAN and EDWARDS, Circuit Judges, and CECIL, Senior Circuit Judge.

EDWARDS, Circuit Judge.

These are suits by plaintiff Erie Lackawanna Railroad Co. against The Watson Terminal and Warehouse Co., the owner and lessor of a warehouse, and Great Atlantic & Pacific Tea Co., the lessee and operator of the warehouse. The warehouse was serviced by an Erie railroad sidetrack under a basic written agreement with Watson and a supplementary agreement signed after A & P leased the premises.

Before this litigation was initiated...

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