MARQUETTE CEMENT MFG. CO. v. LOUISVILLE & NASHVILLE R. R. CO.

Nos. 18298, 18299.

406 F.2d 731 (1969)

MARQUETTE CEMENT MFG. CO., and Chattanooga Rock Products Div'n of Vulcan Materials Co., Plaintiffs-Appellants, v. The LOUISVILLE & NASHVILLE R. R. Co., Defendant-Appellee. CO., Defendant-Appellee. MARQUETTE CEMENT MFG. CO., and Chattanooga Rock Products Div'n of Vulcan Materials Co., Plaintiffs-Cross-Appellees, v. The LOUISVILLE & NASHVILLE R. R. CO., Defendant-Cross-Appellant.

United States Court of Appeals Sixth Circuit.

February 6, 1969.


Attorney(s) appearing for the Case

James W. Gentry, Jr., Chattanooga, Tenn., Witt, Gaither, Abernathy & Wilson, Chattanooga, Tenn., on brief, for Marquette Cement and others.

William D. Spears, Chattanooga, Tenn., Spears, Moore, Rebman & Williams, Chattanooga, Tenn., Eugene W. Herde, Louisville, Ky., on brief, for L & N R.R.

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


PER CURIAM.

This cause is before the Court upon the appeal of Marquette Cement Manufacturing Company and the cross-appeal of The Louisville and Nashville Railroad Company from a judgment entered in the United States District Court for the Eastern District of Tennessee, Southern Division, on September 29, 1967. The judgment awarded damages to Marquette, plaintiff in the District Court, in the sum of $1,499.26 against The Louisville and Nashville Railroad Company, defendant...

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