(DOWNLOAD) "Marquette Cement Mfg. Co. v. Louisville & Nashville R.R. Co." by United States Court Of Appeals For The Sixth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Marquette Cement Mfg. Co. v. Louisville & Nashville R.R. Co.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 06, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This cause is before the Court upon the appeal of Marquette Cement Manufacturing Company and the cross-appeal of The Louisville
and Nashville Railroad Company from a judgment entered in the United States District Court for the Eastern District of Tennessee,
Southern Division, on September 29, 1967. The judgment awarded damages to Marquette, plaintiff in the District Court, in the
sum of $1,499.26 against The Louisville and Nashville Railroad Company, defendant therein. The case was tried to District
Judge Frank W. Wilson upon a stipulation of facts. On this appeal, Marquette charges that the judgment was inadequate and
the L & N urges that it was excessive. Vulcan Materials Company, a customer of Marquette, operated two manufacturing plants in Chattanooga, Tennessee. One, Chattanooga
Rock Products Division, was located at 2001 Rossville Boulevard, and the other, Concrete Pipe Division, was located at 1111
Oak Street. Rock Products manufactured only readymix concrete; Concrete Pipe manufactured only concrete pipe. Marquette regularly
sold and shipped cement made by it to the two Chattanooga plants of Vulcan Materials. The cement made for the Pipe Division
was known as "air-entrained," because air was introduced into it in the process of manufacture. Such "air-entrained" cement
was suitable for use in making concrete pipe, but not for Rock Products' production of ready-mix concrete.
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