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ST. LOUIS SOUTHWESTERN RY. CO. v. GARVEY ELEVATORS, INC.

No. 74-1141.

505 F.2d 625 (1974)

ST. LOUIS SOUTHWESTERN RAILWAY CO., Plaintiff-Appellee, v. GARVEY ELEVATORS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 18, 1974.

Attorney(s) appearing for the Case

James B. Barlow, Jay S. Garrett, Ft. Worth, Tex., for defendant-appellant.

Mark Alan Calhoun, Dallas, Tex., for plaintiff-appellee.

Before THORNBERRY, GOLDBERG and GODBOLD, Circuit Judges.

THORNBERRY, Circuit Judge:

Garvey Elevators, Inc. ("Garvey"), acting in effect as a broker, purchased thirty carloads of corn from the St. Louis Grain Company, and resold the grain to Rite Care Corporation ("Rite Care"). St. Louis Southwestern Railroad ("the Railroad") loaded the grain in East St. Louis, Illinois and regular bills of lading were issued listing the cargo's destination as Tenaha, Texas, and its owner as Rite...

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