NEW YORK & PENNSYLVANIA CO. v. DAVIS


8 F.2d 662 (1925)

NEW YORK & PENNSYLVANIA CO. et al. v. DAVIS, Director General of Railroads, et al.

District Court, W. D. New York.

May 12, 1925.


Attorney(s) appearing for the Case

Arthur B. Hayes, of Washington, D. C., for plaintiffs.

John F. Finerty, Asst. Gen. Counsel U. S. Railroad Administration, of Washington, D. C., for James C. Davis.

Havens, Mann, Strang & Whipple, of Rochester, N. Y., for Buffalo, Rochester & P. R. Co.


HAZEL, District Judge.

This is a motion to dismiss the bill of complaint. The admitted facts, in so far as material, show that plaintiff shipped large quantities of wood pulp from Canada to points in the United States; the shipments being partly over Canadian railroads and partly over the lines of the defendant Buffalo, Rochester & Pittsburgh Company, in this country, on a through rate. The Canadian rail tariff for through shipments to points in this country was...

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