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MISSOURI PACIFIC RAILROAD CO. v. PHELAN COMPANY

No. 7062.

444 S.W.2d 832 (1969)

MISSOURI PACIFIC RAILROAD CO., Appellant, v. The PHELAN COMPANY, Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied September 25, 1969.

Attorney(s) appearing for the Case

Strong, Pipkin, Nelson & Parker, Beaumont, Rex Watson, Dallas, for appellant.

Weller, Wheelus & Green, Beaumont, for appellee.

KEITH, Justice.

The railroad, hereinafter designated MoPac, sued to recover the freight charges on five interstate shipments of animal feed delivered to Phelan, as consignee, by another carrier. The consignor delivered the feed to MoPac in Arkansas and the cars moved upon uniform domestic straight bills of lading which MoPac had marked "prepaid." All bills of lading received by Phelan at the time of delivery of each of...

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