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SEABOARD AIR LINE RAILROAD CO. v. RED DIAMOND MILLS

Civ. A. No. 286.

128 F.Supp. 606 (1955)

SEABOARD AIR LINE RAILROAD COMPANY, Plaintiff, v. RED DIAMOND MILLS, Inc., Defendant.

United States District Court, Middle D. Georgia, Americus Division.

February 4, 1955.

Attorney(s) appearing for the Case

McDonald & McDonald, Fitzgerald, Ga., Wright & Reddick, Cordele, Ga., J. C. McDonald, Fitzgerald, Ga., of counsel, for plaintiff.

Mixon & Forrester, George M. Mixon, Cordele, Ga., of counsel, for defendant.

DAVIS, Chief Judge.

This case was submitted to the Court for trial without a jury on a stipulation of facts, the pertinent portions of which are summarized below.

During the period from October 28, 1950 to November 9, 1950 numerous bulk carload shipments of peanuts were delivered to the Macon, Dublin & Savannah Railroad Company at Allentown, Georgia, for delivery to the defendant at the transit point of Cordele, Georgia. The peanuts were to be cleaned...

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