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JAMES TALCOTT, INC. v. JACK COLE COMPANY

No. 29353.

441 F.2d 325 (1971)

JAMES TALCOTT, INC., Plaintiff, v. JACK COLE COMPANY, Defendant-Third Party Plaintiff-Appellant, v. RAPISTAN INCORPORATED, Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 4, 1971.

Attorney(s) appearing for the Case

John H. Morrow and Warren B. Light-foot, Bradley, Arant, Rose & White, Birmingham, Ala., for appellant.

Herbert W. Peterson, W. Eugene Rutledge, Birmingham, Ala., for appellee; Rives, Peterson, Pettus, Conway & Burge, Birmingham, Ala., of counsel.

Najjar & Najjar, Birmingham, Ala., for other interested parties.

Before RIVES, WISDOM and GODBOLD, Circuit Judges.

RIVES, Circuit Judge:

Cole, a motor freight carrier, purchased from Rapistan an expensive and complicated conveyor system for handling freight across its dock at its main terminal in Birmingham, Alabama,1 and built a new dock wide enough to accommodate the conveyor. The conveyor was installed in a permanent fashion so as in effect to make it a part of the terminal. The cost of installation, $33...

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