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CLEVELAND, C., C. & ST. L. RY. CO. v. NEW YORK, C. & ST. L. RY. CO.

No. 3599.

11 F.2d 850 (1925)

CLEVELAND, C., C. & ST. L. RY. CO. v. NEW YORK, C. & ST. L. RY. CO.

Circuit Court of Appeals, Seventh Circuit.

December 19, 1925.

Attorney(s) appearing for the Case

Frank L. Littleton and Forrest Chenoweth, both of Indianapolis, Ind., for plaintiff in error.

Samuel D. Miller and Thomas D. Stevenson, both of Indianapolis, Ind., for defendant in error.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.

ALSCHULER, Circuit Judge (after stating the facts as above).

The one question involved is the right of the Big Four to charge the Lake Erie demurrage for detention of cars held for unloading beyond the tariff free time, upon cars loaded with Lake Erie ties sent to the tie storage yard for unloading and stacking there. If the relations of the parties were such that responsibility for the unloading or procuring the unloading of the cars devolved on the Big Four and...

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