ROSE, Circuit Judge.
The parties occupied the same position below as they do here; that is, the Virginian Railway Company, plaintiff in error, was the plaintiff, and the Lake & Export Coal Corporation, defendant in error, was the defendant. For brevity we will refer to them respectively as the railway and the shipper.
The shipper was a member of Sewell's Point Coal Exchange and in the winter and spring of 1921 shipped many carloads of coal over the railway...
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