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PENNSYLVANIA R.R. CO. v. JACOBY & CO.

No. 22.

242 U.S. 89 (1916)

PENNSYLVANIA RAILROAD COMPANY v. W.F. JACOBY & COMPANY.

Supreme Court of United States.

Affirmed by November 15, 1915.

Restored for reargument December 20, 1915.

Reargued October 23, 24, 1916.

Decided December 4, 1916.

Attorney(s) appearing for the Case

Mr. Francis I. Gowen and Mr. John G. Johnson, with whom Mr. F.D. McKenney was on the briefs, for Pennsylvania Railroad Co.

Mr. Wm. A. Glasgow, Jr., for Jacoby & Co.

Affirmed by divided court November 15, 1915.

Restored to docket for reargument December 20, 1915.

MR. JUSTICE DAY delivered the opinion of the court.

Jacoby & Company, hereinafter called the plaintiffs, owned a coal mine known as Falcon No. 2 in the Clearfield District served by the Tyrone Division of the lines of the Pennsylvania Railroad Company, hereinafter called the Company, and shipped coal from their mine in interstate commerce. In June...

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