Legal Opinion

The Home Insurance Company v. Thomas H. Riddell, Jr., and Charles F. Riddell

Court of Appeals for the Fifth Circuit

Decided January 21, 1958No. 16718_1PublishedCited by 15 opinions

1Opinion of the Court

JOHN R. BROWN, Circuit Judge.

The sole question is whether Riddell, the motor Carrier, while transporting 60 bales of cotton belonging to Ed Linn, the Shipper, 1 on an interstate journey from Arkansas to Alabama under a contract made in Mississippi was doing so as a common carrier or as a private-contract-carrier. Actually, it is further narrowed to the simpler one: is the District Court’s finding of a contract-private carrier status clearly erroneous, Fed. Rules Civ.Proc. rule 52(a), 28 U.S.C.A.

It is ironic that in a field now so thoroughly fenced in by state and federal legislative…

2Cases cited36 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. American Trucking Assns., Inc. v. United StatesSupreme Court of the United States · 1953
  3. Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
  4. Frozen Food Express v. United StatesSupreme Court of the United States · 1956
  5. East Texas Motor Freight Lines, Inc. v. Frozen Food ExpressSupreme Court of the United States · 1956

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3Cited by15 opinions

  1. Bobby Jones Garden Apartments, Inc. v. F. R. SuleskiCourt of Appeals for the Fifth Circuit · 1968
  2. National Ass'n of Regulatory Utility Commissioners v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1976
  3. Roger E. Woolsey v. National Transportation Safety Board and Federal Aviation AdministrationCourt of Appeals for the Fifth Circuit · 1993
  4. United States v. Stephen Brothers LineCourt of Appeals for the Fifth Circuit · 1967
  5. Mary Hicks Semon v. Royal Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1960

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