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MILLS v. LEHIGH VALLEY R.R.

No. 631.

238 U.S. 473 (1915)

MILLS, AS SURVIVING PARTNER OF NAYLOR & COMPANY, v. LEHIGH VALLEY RAILROAD COMPANY.

Supreme Court of United States.

Decided June 21, 1915.

Attorney(s) appearing for the Case

Mr. V.F. Gable and Mr. Arthur R. Thompson, with whom Mr. Frank Van Sant was on the brief, for plaintiff in error.

Mr. Henry S. Drinker, Jr., with whom Mr. Edgar H. Boles, Mr. John G. Johnson and Mr. Samuel Dickson were on the brief, for defendants in error.

Mr. JUSTICE HUGHES delivered the opinion of the court.

During the years 1906 and 1907, Naylor & Company — a firm of which the plaintiff in error is surviving partner — were shippers of pyrites cinder over the lines of the defendants in error from Buffalo, New York, to points in Pennsylvania and New Jersey. The published rate was $2 per gross ton. On April 4, 1908, these shippers filed a complaint with the...

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