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PAYNE v. ROGERS

Nos. 4123, 4124.

4 F.2d 827 (1925)

PAYNE, Director General of Railroads, v. ROGERS. ROGERS v. PAYNE, Director General of Railroads.

Circuit Court of Appeals, Sixth Circuit.

April 6, 1925.

Attorney(s) appearing for the Case

Henry G. Binns, of Columbus, Ohio, for receiver.

Webb. I. Vorys, of Columbus, Ohio (Vorys, Sater, Seymour & Pease, of Columbus, Ohio, on the brief), for Payne.

Before DONAHUE, MACK, and KNAPPEN, Circuit Judges.

PER CURIAM.

It is claimed on behalf of the receiver that the court erred in overruling his demurrer to the amended petition, for the reason that the District Court had no jurisdiction of the cause of action without previous resort to the Interstate Commerce Commission. The amended petition on its face, purports to state a cause of action to recover certain fixed storage charges claimed to be due under a uniform interstate tariff...

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