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CITY OF NEW ORLEANS v. HANSEN & TIDEMANN, INC.

Civ. A. Nos. 67-639, 67-1526, 67-1537, 67-1538, 67-1539, 67-1554, 67-1555, 67-1564, 67-1565, 67-1573, 67-1574, 67-1575 and 67-1589.

391 F.Supp. 910 (1972)

CITY OF NEW ORLEANS, By and Through the PUBLIC BELT RAILROAD COMMISSION, for the City of New Orleans v. HANSEN & TIDEMANN, INC.

United States District Court, E. D. Louisiana.

Supplemental Opinion December 29, 1972.

Attorney(s) appearing for the Case

Donald P. Endom, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for plaintiffs.

Edward S. Bagley, Terriberry, Carroll, Yancey & Farrell, New Orleans, La., for defendants.

BOYLE, District Judge:

Plaintiff, New Orleans Public Belt Railroad, sued defendants, various steamship lines, for demurrage accruing on railroad cars which had been placed on plaintiff's line. On a record stipulated to be comprised of a stipulation of facts, exhibits attached to the complaints and amended complaints, and the depositions and affidavits of A. J. Rafferty and John T. Hunter, there have been presented for adjudication two issues:1

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