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W. J. FOYE LUMBER CO. v. PENNSYLVANIA R. CO.

No. 6883.

10 F.2d 437 (1925)

W. J. FOYE LUMBER CO. v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 5, 1926.

Attorney(s) appearing for the Case

Raymond G. Young, of Omaha, Neb. (Mathew A. Hall, of Omaha, Neb., on the brief), for plaintiff in error.

William M. Giller, of Omaha, Neb. (Frank L. Weaver, of Omaha, Neb., on the brief), for defendant in error.

Before SANBORN and KENYON, Circuit Judges, and SCOTT, District Judge.

SANBORN, Circuit Judge.

W. J. Foye Lumber Company, the plaintiff below, a corporation, was a jobber and broker of timber ties and lumber at Omaha, Neb. In April and May, 1920, the Pennsylvania Railroad Company bought from it 200,000 ties, estimated to weight 3,300 pounds per 1,000 feet, which the plaintiff purchased from mills in the Pacific Northwest and caused to be delivered to the defendant f. o. b. cars at the mills, and the defendant paid the freight charges...

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