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ATLANTA & ST. ANDREWS BAY RY. CO. v. CHILEAN NITRATE S. CORP.

No. 26655.

415 F.2d 393 (1969)

ATLANTA & SAINT ANDREWS BAY RAILWAY COMPANY, Individually, and for the Use and Benefit of Northwestern National Insurance Company, Plaintiff-Appellee, v. CHILEAN NITRATE SALES CORPORATION, Defendants and Third Party Plaintiff-Appellant, v. SMITH STEVEDORING & FORWARDING COMPANY, Inc., Third Party Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

August 19, 1969.

Attorney(s) appearing for the Case

Dempsey J. Barron, Benjamin W. Redding, Panama City, Fla., for Chilean Nitrate Sales Corporation.

Charles Cook Howell, Jr., Charles Cook Howell, III, Howell, Howell & Tygart, Jacksonville, Fla., for appellant Smith Stevedoring & Forwarding Co., Inc.

Charles S. Isler, Jr., Lynn C. Higby, Isler, Welch, Bryant, Smith & Higby, Panama City, Fla., for appellee Atlanta & Saint Andrews Bay Railway Co.

Before TUTTLE and SIMPSON, Circuit Judges, and CASSIBRY, District Judge.

TUTTLE, Circuit Judge:

This appeal by the defendant below, Chilean Nitrate Sales Corporation and a cross-defendant, Smith Stevedoring & Forwarding Company, Inc., challenges the correctness of the trial court's granting summary judgment which determined that Chilean, the lessee of the building leased to it by Atlanta and Saint Andrews Bay Railway Company, was liable for the cost of repairing fire damage to the building and equipment covered by the lease. Having...

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