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LAKEWOOD ENGINEERING CO. v. NEW YORK CENT. R. CO.

Nos. 12743, 12744.

2 F.2d 121 (1924)

LAKEWOOD ENGINEERING CO. v. NEW YORK CENT. R. CO. (two cases).

District Court, N. D. Ohio, E. D.

November 4, 1924.

Attorney(s) appearing for the Case

Mark A. Copeland, of Cleveland, Ohio, for plaintiff.

West, Lamb & Westenhaver and S. H. West, all of Cleveland, Ohio., for defendant.

WESTENHAVER, District Judge.

The question of law raised by demurrer is the same in both cases. The defendant during the year 1917 and prior to federal control exacted from plaintiff an excessive freight rate on certain shipments. Plaintiff's complaint and application for a reparation order was not filed with the Interstate Commerce Commission until March 8, 1921. Thus it appears that more than two years had elapsed after plaintiff...

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