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SEABOARD COAST LINE RAILROAD CO. v. GULF OIL CORP.

No. 26623.

409 F.2d 879 (1969)

SEABOARD COAST LINE RAILROAD COMPANY and Atlantic Land and Improvement Company, Plaintiffs-Appellants, v. GULF OIL CORPORATION, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

April 2, 1969.

Attorney(s) appearing for the Case

E. Snow Martin, Martin & Martin, J. H. Roberts, Jr., Lakeland, Fla., for appellants.

William T. Keen, Thomas C. MacDonald, Jr., Tampa, Fla., for appellee; Shackleford, Farrior, Stallings & Evans, Tampa, Fla., of counsel.

Before JOHN R. BROWN, Chief Judge, and GEWIN and GOLDBERG, Circuit Judges.

GOLDBERG, Circuit Judge:

General MacArthur remarked in his farewell address to Congress that, "Old soldiers never die, they just fade away." The appellants "champion the notion that old lawsuits never die; nor do they fade away."1 They urge us to reverse the summary judgment of the district court so that they may relitigate a cause of action that has been thoroughly litigated in the Florida courts...

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