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ALABAMA GREAT SOUTHERN R. CO. v. ALLIED CHEMICAL CORP.

No. 73-3057.

501 F.2d 94 (1974)

ALABAMA GREAT SOUTHERN RAILROAD COMPANY, Plaintiff-Appellee, v. ALLIED CHEMICAL CORPORATION, Armco Steel Corporation, and General American Transportation Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted November 6, 1974.

Attorney(s) appearing for the Case

Sherwood W. Wise, Thomas G. Lilly, Jackson, Miss., for Allied Chem.

Junior O'Mara, Jackson, Miss., for General Am. Transportation.

W. F. Goodman, Jr., Jackson, Miss., for Armco Steel.

Lewis T. Booker, Robert F. Brooks, Richmond, Va., Tally D. Riddell, Quitman, Miss., for plaintiff-appellee.

Before COLEMAN, CLARK and GEE, Circuit Judges.

Rehearing En Banc Granted November 6, 1974.

CLARK, Circuit Judge:

Alabama Great Southern Railroad Company (AGS) train No. 154 left New Orleans, Louisiana just after midnight on January 25, 1969 with four engines pulling 113 freight cars and a caboose. At Dragon, Mississippi No. 154 picked up a "cut" of 26 jumbo tank cars, each filled with 32,000 gallons of liquefied propane gas, placed them in line behind the sixtieth car, and proceeded north. As the second...

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