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GULF, MOBILE AND OHIO RAILROAD COMPANY v. UNITED STATES

No. 24442.

391 F.2d 545 (1968)

GULF, MOBILE AND OHIO RAILROAD COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

March 15, 1968.

Attorney(s) appearing for the Case

Gerard M. Dillon, New Orleans, La., Curtis, Foster & Dillon, New Orleans, La., for appellant.

Ernest M. Morial, Kathleen Ruddell, Asst. U. S. Attys., New Orleans, La., Louis C. LaCour, U. S. Atty., New Orleans, La., for appellee.

Before RIVES and GODBOLD, Circuit Judges, and HUGHES, District Judge.

HUGHES, District Judge:

The United States of America brought this suit below on behalf of its agency, Commodity Credit Corporation against Gulf, Mobile and Ohio Railroad Company and Wade Tung Oil Company for damages for the loss of 59,780 pounds of tung oil from a tank car furnished by the government, but in the possession of the railroad at the time the loss occurred.

The railroad's defense was that the loss was caused solely as a result of a latent defect...

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