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LOUISVILLE & NASHVILLE RAILROAD CO. v. KNOX HOMES CORP.

No. 21507.

343 F.2d 887 (1965)

LOUISVILLE & NASHVILLE RAILROAD COMPANY and Atlantic Coast Line Railroad Company, Lessees of the Georgia Railroad and Banking Company, Operating under the trade name of Georgia Railroad, Appellant, v. KNOX HOMES CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

April 1, 1965.

Attorney(s) appearing for the Case

J. Walker Harper, Augusta, Ga., for appellant. Fulcher, Fulcher, Hagler & Harper, Augusta, Ga., of counsel.

John Bell Towill, Augusta, Ga., for appellee. Hull, Willingham, Towill & Norman, Augusta, Ga., Robert E. Knox, Thomson, Ga., of counsel.

Before BROWN and BELL, Circuit Judges, and SPEARS, District Judge.

JOHN R. BROWN, Circuit Judge.

Immediately involved here is the question whether the District Court properly directed a verdict for the Shipper1 and against the Carrier2 in the Carrier's claim for undercharges. The underlying issue is whether, under the applicable tariff, the Shipper was entitled to substitute carloads of Georgia-South Carolina lumber for the West Coast shipments of fir admittedly entitled to...

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