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PENNSYLVANIA RAILROAD COMPANY v. GREENE

Civ. A. No. 1573.

173 F.Supp. 657 (1959)

PENNSYLVANIA RAILROAD COMPANY, a Corporation, Plaintiff, v. M. D. GREENE and J. R. Atkins, doing business as Greene and Atkins, a partnership, Defendants.

United States District Court S. D. Alabama, S. D.

May 29, 1959.

Attorney(s) appearing for the Case

W. B. Hand (of Hand, Arendall, Bedsole, Greaves & Johnston), Mobile, Ala., for plaintiff.

William E. Johnston (of Johnston, McCall & Johnston), Mobile, Ala., for defendants.

DANIEL HOLCOMBE THOMAS, District Judge.

This action was instituted by plaintiff railroad company for freight charges which plaintiff alleges defendants incurred in shipping three carloads of bananas from Mobile, Alabama, to Indianapolis, Indiana, in December 1953. Defendant shippers are in the wholesale banana business. In the course of their business, they ship bananas to various sections of the United States. While in shipment, the three cars here involved were...

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