FORT WORTH AND DENVER RAILWAY CO. v. GOODPASTURE, INC.

No. 30136.

442 F.2d 1294 (1971)

FORT WORTH AND DENVER RAILWAY COMPANY et al., Plaintiffs-Appellees, v. GOODPASTURE, INC., Commodity Credit Corp., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 10, 1971.


Attorney(s) appearing for the Case

Frank A. Leffingwell, Dallas, Tex., G. Ernest Caldwell, Knight, Prappas, Caldwell & Moncure, William R. Powell, Houston, Tex., for appellant, Goodpasture, Inc.

James R. Gough, Rex R. Green, Asst. U. S. Attys., Houston, Tex., for appellant, Commodity Credit Corp.

George H. Hagle, Andrews, Kurth, Campbell & Jones, Houston, Tex., for Ft. Worth and D. Ry. Co.

Benjamin R. Powel, McCleod, Alexander, Powel & Apffel, Galveston, Tex., S. R. Brittingham, Jr., Gen. Counsel, Richard K. Knowlton, Asst. Gen. Counsel, Chicago, Ill., for The Atchison, Topeka and S. F. Ry. Co.

Eugene J. Dozier, Shannon, Gracey, Ratliff & Miller, Fort Worth, Tex., for Chicago, R. I. & P. RR. Co.

James C. Winters, Houston, Tex., for Union Equity Corp.

Before SKELTON, Judge, and MORGAN and CLARK, Circuit Judges.


SKELTON, Judge:

Three railroads, Fort Worth and Denver Railway Company, The Atchison, Topeka and Santa Fe Railway Company, and Chicago, Rock Island and Pacific Railway Company, Plaintiffs, filed three separate suits to collect storage and demurrage charges due on 7,408 carloads of grain delivered to and exported by Goodpasture, Inc., an elevator at Houston, Texas, from July 1, 1964, to December 31, 1967. The plaintiffs are common carriers operating in interstate and...

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