O'BOYLE TANK LINES, INC. v. BECKHAM

No. 79-3853 Summary Calendar.

616 F.2d 207 (1980)

O'BOYLE TANK LINES, INC., f/d/b/a M & M Tank Lines, Inc., Plaintiff-Appellant, v. Milton BECKHAM, d/b/a Milton Beckham Company et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 1, 1980.


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.


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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