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GRAND TRUNK WESTERN R. CO. v. H. W. NELSON CO.

No. 8552.

118 F.2d 252 (1941)

GRAND TRUNK WESTERN R. CO. v. H. W. NELSON CO., Inc.

Circuit Court of Appeals, Sixth Circuit.

March 13, 1941.

Attorney(s) appearing for the Case

Victor Spike, John J. Gafill, Frederick V. Slocum, all of Detroit, Mich., and Cornelius W. Wickersham, of New York City, for appellant.

Clark, Klein, Brucker & Waples, of Detroit, Mich., and Raymond T. Jackson, Howard F. Burns, Baker, Hostetler & Patterson, all of Cleveland, Ohio, for appellee.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

Appellee has petitioned for rehearing and earnestly insists that we committed error in our original opinion in denying it interest as a matter of right as a part of its damages and insists that the cases of Lucas v. Wattles, 49 Mich. 380, 13 N.W. 782, and Coburn v. Muskegon Booming Company, 72 Mich. 134, 40 N.W. 198, relied on in the opinion, were overruled by the Supreme Court of Michigan in the case of Sayre v. Detroit, etc., Railroad Company...

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