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MISSOURI PAC. RAILROAD CO. v. CENTER PLAINS INDUSTRIES, INC.

No. 82-1696.

720 F.2d 818 (1983)

MISSOURI PACIFIC RAILROAD COMPANY, Plaintiff-Appellee, v. CENTER PLAINS INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 28, 1983.

Attorney(s) appearing for the Case

Underwood, Wilson, Berry, Stein & Johnson, Josiah M. Daniel, III, Amarillo, Tex., for defendant-appellant.

Chris D. Cox, Dallas, Tex., for plaintiff-appellee.

Before POLITZ, JOHNSON and WILLIAMS, Circuit Judges.

PER CURIAM:

Missouri Pacific Railroad Company secured a judgment against Center Plains Industries, Inc., for the freight charges accruing from the transportation of 13 tank carloads of nitrogen fertilizer. Center Plains appeals, contending that the trial court erred in its findings and conclusions that Center Plains as shipper, and not third persons, was responsible for the freight charges.

We find no merit in appellant's assignments of error. The recent teaching...

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