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PENN REFINING CO. v. WEST. N.Y. & P.R.R. CO.

No. 27.

208 U.S. 208 (1908)

PENN REFINING COMPANY, LIMITED, v. WESTERN NEW YORK AND PENNSYLVANIA RAILROAD COMPANY.

Supreme Court of United States.

Decided January 27, 1908.

Attorney(s) appearing for the Case

Mr. James W. Lee and Mr. Samuel S. Mehard, with whom Mr. Eugene Mackey and Mr. M.J. Heyward were on the brief, for plaintiff in error.

Mr. John G. Johnson, with whom Mr. Francis I. Gowen was on the brief, for defendants in error.

MR. JUSTICE PECKHAM, after making the foregoing statement, delivered the opinion of the court.

The questions arising on this writ of error are, in some respects, different in regard to the different railroads who are defendants in error, but as to the matters now to be discussed all occupy the same position.

In their petition to the Commission the petitioners in that proceeding complained of the rate of transportation...

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