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MISSOURI PACIFIC R. CO. v. HARBISON-FISCHER MFG.

No. 93-1232.

26 F.3d 531 (1994)

MISSOURI PACIFIC RAILROAD COMPANY, d/b/a Union Pacific Railroad Co., Plaintiff-Appellant Cross Appellee, v. HARBISON-FISCHER MANUFACTURING CO., Defendant-Third Party Plaintiff-Appellee Cross Appellant, Custom Wire Mfg., Inc., Third Party Defendant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing August 15, 1994.

Attorney(s) appearing for the Case

Wesley S. Coddou, Houston, TX, for appellant.

Michael B. Hunter, Bishop, Payne, Lamsens, Williams & Werley, Fort Worth, TX, for Harrison.

Joel P. Smyer, Richard L. Bourland, Elizabeth F. Rogers, Bourland & Kirkman, L.L.P., Fort Worth, TX, for Custom Wire.

Before GOLDBERG, DAVIS, and DEMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

The district court below rendered several summary judgments in this multi-party case arising out of two consecutive leases of railroad property. We affirm two of the court's rulings, reverse one of them, and affirm the court's denial of a request for attorney's fees.

I.

In 1956, the Texas & Pacific Railway Company (TPRC) leased real property located in Forth Worth, Texas, to Harbison...

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