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NEW YORK & PENNSYLVANIA CO. v. DAVIS

No. 3340.

9 F.2d 911 (1926)

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

Circuit Court of Appeals, Third Circuit.

January 7, 1926.

Attorney(s) appearing for the Case

Arthur B. Hayes, of Washington, D. C., and Thomas D. McGlathery, of Philadelphia, Pa., for appellants.

John Hampton Barnes and Sharswood Brinton, both of Philadelphia, Pa., for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below certain shippers of wood pulp from Canada to the United States filed a bill in equity against the Director General of Railroads and the Pennsylvania Railroad Company to account for and repay to them alleged overcharges of freight on their shipments. On motion of the defendants the court dismissed the bill, whereupon this appeal was taken. Several questions — the misjoinder of plaintiffs having several rights of...

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