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GRAHAM &c. CO. v. SEABOARD &c. R. CO.

57476.

150 Ga. App. 193 (1979)

257 S.E.2d 321

GRAHAM BROTHERS CONSTRUCTION COMPANY, INC. v. SEABOARD COAST LINE RAILROAD COMPANY.

Court of Appeals of Georgia.

Decided June 5, 1979.

Attorney(s) appearing for the Case

H. Dale Thompson, for appellant.

Jones, Cork, Miller & Benton, Wallace Miller, III, Rufus D. Sams, III, for appellee.

UNDERWOOD, Judge.

Graham Brothers Construction Company, Inc. ("shipper") appeals from a judgment in favor of Seaboard Coast Line Railroad Company ("railroad") for freight charges for shipment of a backhoe and from the grant of the railroad's motion for summary judgment as to the shipper's counterclaim for damages resulting from late delivery.

The facts are undisputed. On May 7, 1973, the railroad entered into a contract with the shipper to transport a Poclain...

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