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ROHNER GEHRIG CO., INC. v. TRI-STATE MOTOR TRANSIT

No. 89-6246.

950 F.2d 1079 (1992)

ROHNER GEHRIG COMPANY, INC., Plaintiff-Appellee, v. TRI-STATE MOTOR TRANSIT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 7, 1992.

Attorney(s) appearing for the Case

Chris C. Pappas, Dunn, Kacal, Adams, Pappas & Law, Houston, Tex., Thomas V. Bender, Kyle E. Krull, Linde Thomsom Langworthy Kohn & Van Dyke, P.C., Kansas City, Mo., for defendant-appellant.

A. Douglas Shackelford, Jr., Billings & Solomon, Houston, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, POLITZ, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

WIENER, Circuit Judge:

Sitting en banc today, we reconsider issues addressed in the decision rendered by a divided panel of this court in Rohner Gehrig Co. v. Tri-State Motor Transit.1 There, the panel majority reversed the district court's grant of a summary judgment in favor of Rohner, the shipper of goods, and against Tri-State, the carrier of goods. In its summary judgment opinion...

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