Attorney(s) appearing for the Case
Arthur B. Seymour, Atlanta, Ga., for plaintiff-appellant.
James N. Geiger, Perry, Ga., for Beckham & Beckham Cherokee Const.
Smith & Harrington, Will Ed Smith, Eastman, Ga., for Coffee Const. Co.
Before AINSWORTH, FAY and RANDALL, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
AINSWORTH, Circuit Judge:
Plaintiff-appellant O'Boyle Tank Lines, Inc. (O'Boyle) appeals from a summary judgment in favor of defendant-appellee Coffee Construction Company (Coffee) in a suit in which O'Boyle seeks to collect freight charges allegedly due it from Coffee. Because we find there are disputed issues of material fact, we reverse and remand for a trial on the merits.
In late 1975 and early 1976, M & M Tank Lines, Inc. (M & M), a motor carrier...
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