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HOHENBERG BROS. CO. v. MISSOURI PAC. R. CO.

586 S.W.2d 117 (1979)

HOHENBERG BROTHERS COMPANY, Appellee, v. MISSOURI PACIFIC RAILROAD COMPANY, Appellant.

Court of Appeals of Tennessee, Western Section.

Certiorari Denied August 27, 1979.

Attorney(s) appearing for the Case

Robert M. Johnson, Susan M. Callison, Memphis, for appellant.

Allan B. Thorp, Memphis, for appellee.

Certiorari Denied by Supreme Court August 27, 1979.

NEARN, Judge.

Delivery or non-delivery, that is the question.

A boxcar load of cotton bales belonging to plaintiff, Hohenberg Brothers Company, having an admitted value of $17,872.02 burned at Galveston, Texas. Plaintiff was of the opinion that at the time of the loss the goods were in the custody of the defendant carrier, Missouri Pacific, and that pursuant to 49 U.S.C. § 20(11) the defendant...

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