FREIGHT TERMINALS, INC. v. RYDER SYSTEM, INC.

No. 71-3056.

461 F.2d 1046 (1972)

FREIGHT TERMINALS, INC., Plaintiff-Appellee, v. RYDER SYSTEM, INC., Defendant-Appellant-Cross Appellee. RYDER TRUCK LINES, INC., Defendant-Appellant, v. MERCURY FREIGHT LINES, INC., Third Party Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

June 7, 1972.


Attorney(s) appearing for the Case

Robert J. King, W. Robert Brown, Houston, Tex., for Ryder System, Inc.; Liddell, Sapp, Zivley & Brown, Houston, Tex., of counsel.

Charles R. Gregg, Thomas N. Crowell, Hutcheson, Taliaferro & Grundy, Houston, Tex., for Ryder Truck Lines, Inc.

Royce R. Till, Arno W. Krebs, Jr., Russel H. McMains, Fulbright, Crooker & Jaworski, Houston, Tex., for Mercury Freight Lines, Inc.

William M. Schultz, Albert S. Weycer, Schultz & De Ybarrondo, and Ladin & Weycer, Houston, Tex., for Freight Terminals, Inc.

Before GOLDBERG, DYER and SIMPSON, Circuit Judges.


DYER, Circuit Judge:

In this Texas diversity case Freight Terminals, Inc., as lessor, brought an action for physical damage to its truck terminal facilities against Ryder System Inc. and Ryder Truck Lines, Inc., as lessee, who in turn joined Mercury Freight Lines, Inc. as a third party defendant. A jury found the defendants liable for allowing the property to deteriorate in breach of their obligations under the lease and sublease. We affirm.

In 1950 Freight...

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