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SWIFT & CO. v. NEW YORK CENT. R. CO.

No. 41.

16 F.2d 17 (1926)

SWIFT & CO. v. NEW YORK CENT. R. CO. et al.

Circuit Court of Appeals, Second Circuit.

December 6, 1926.

Attorney(s) appearing for the Case

Lewis A. Ackley, of New York City, Ross Dean Rynder and William N. Strack, both of Chicago, Ill., for plaintiff in error.

Alex S. Lyman, of New York City (William Mann, of New York City, of counsel), for defendants in error.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above)

This case lies within very narrow limits. Admittedly the several tariffs or charges imposed on plaintiff's beef were, considered by themselves, reasonable. If any one wished to send goods from alongside a ship within the lighterage limits of New York Harbor to Weehawken and thence to Thirty-Third Street, the charges made were reasonable and right. But plaintiff did not want to send any goods by that route; it...

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