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McCLOUD RIVER R. CO. v. SABINE RIVER FOREST

No. 83-4470.

735 F.2d 879 (1984)

McCLOUD RIVER RAILROAD COMPANY, Plaintiff-Appellee, v. SABINE RIVER FOREST PRODUCTS, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 9, 1984.

Attorney(s) appearing for the Case

Randolph E. Toms, President, Sabine River Forest Products, pro se, Bolen & Erwin, Gregory S. Erwin, Alexandria, La., for defendant-appellant.

Thompson, Sparks, Cudd & Dean, Wood T. Sparks, Monroe, La., for plaintiff-appellee.

Before CLARK, Chief Judge, JOLLY, and DAVIS, Circuit Judges.

CLARK, Chief Judge:

The district court granted summary judgment for McCloud River Railroad Company on its claim against Sabine River Forest Products to recover unpaid freight charges. The court also dismissed with prejudice Sabine's counterclaim for damages because of its failure to prosecute. On appeal, Sabine contends that the district court did not follow the procedural requisites of Fed.R.Civ.P. 56(c) for granting summary judgment. Specifically, Sabine maintains...

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