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JACK COLE — DIXIE HWY. CO. v. RED BALL MOTOR FRGT., INC.

No. 46373.

254 So.2d 734 (1971)

JACK COLE — DIXIE HIGHWAY COMPANY v. RED BALL MOTOR FREIGHT, INC.

Supreme Court of Mississippi.

Rehearing Denied December 6, 1971.

Attorney(s) appearing for the Case

Lipscomb, Barksdale, Steen & Caraway, Jimmie B. Reynolds, Jr., Jackson, for appellant.

Butler, Snow, O'Mara, Stevens & Cannada, Roger C. Landrum, Jackson, for appellee.

BRADY, Justice:

This suit was based upon a $100,000 promissory note issued by a company known as the Dixie Highway Express, Inc., payable to English Realty Company, Inc., bearing interest at the rate of 5% per annum with reasonable attorneys' fees for collection, which was assigned to Red Ball Motor Freight, Inc., hereinafter called appellee or Red Ball. While this suit was pending, Dixie Highway Express merged with its parent company, Jack Cole Company under the...

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