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LAKE & EXPORT COAL CORPORATION v. CHESAPEAKE & O. RY. CO.

No. 2237.

1 F.2d 968 (1924)

LAKE & EXPORT COAL CORPORATION v. CHESAPEAKE & O. RY. CO.

Circuit Court of Appeals, Fourth Circuit.

September 29, 1924.

Attorney(s) appearing for the Case

John H. Meek and Holt, Duncan & Holt, all of Huntington, W. Va., for plaintiff in error.

Douglas W. Brown, C. W. Strickling, and Fitzpatrick, Brown & Davis, all of Huntington, W. Va., for defendant in error.

Before WOODS, WADDILL, and ROSE, Circuit Judges.

ROSE, Circuit Judge.

In the court below defendant in error, the Chesapeake & Ohio Railway Company, hereinafter called the railroad, sued the Lake & Export Coal Corporation, herein styled the shipper, for a trifle over $10,000 which the railroad said was due it by the shipper for freight and demurrage on eight cars of coal which in November, 1920, were shipped by the shipper to the Newport News Coal Exchange. When these arrived at their destination at various...

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