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J. C. FAMECHON CO. v. NORTHERN PAC. R. CO.

No. 7536.

23 F.2d 307 (1927)

J. C. FAMECHON CO. v. NORTHERN PAC. R. CO.

Circuit Court of Appeals, Eighth Circuit.

December 5, 1927.

Attorney(s) appearing for the Case

Charles B. Elliott, of Minneapolis, Minn. (George H. Smith, of Minneapolis, Minn., on the brief), for plaintiff in error.

D. R. Frost, of St. Paul, Minn. (B. W. Scandrett and F. G. Dorety, both of St. Paul, Minn., on the brief), for defendant in error.

Before STONE and VAN VALKENBURGH, Circuit Judges, and POLLOCK, District Judge.

VAN VALKENBURGH, Circuit Judge.

On or about the 19th day of August, 1922, plaintiff in error filed, in the district court for the city of Minneapolis, a suit to recover an alleged overcharge of $5 per car upon 820 carloads of potatoes shipped by plaintiff in error, and received by defendant in error as initial carrier, between the dates of October 15, 1914, and April 15, 1922. These shipments were made, respectively, as set forth in the petition, at intervals throughout...

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