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KRAUSS BROS. LUMBER CO. v. MELLON

No. 4910.

18 F.2d 369 (1927)

KRAUSS BROS. LUMBER CO. v. MELLON, Director General of Railroads, et al.

Circuit Court of Appeals, Fifth Circuit.

April 7, 1927.

Attorney(s) appearing for the Case

Brenton K. Fisk, of Washington, D. C. (Harry S. Elkins, of Washington, D. C., and J. P. Mudd, of Birmingham, Ala., on the brief), for plaintiff in error.

Sidney P. Smith, of Birmingham, Ala., and Alexander M. Bull, of Washington, D. C. (Stokely, Scrivner, Dominick & Smith, of Birmingham, Ala., and Sidney F. Andrews, of Washington, D. C., on the brief), for defendants in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Plaintiff in error, plaintiff below, filed suit to recover $10,356, based on a reparation order of the Interstate Commerce Commission. The order annexed to the pleadings shows that plaintiff shipped certain carloads of lumber from various points in Mississippi, Alabama, Louisiana and Texas, where it had mills, consigned to designated stations on the lines of defendants' railroads; some shipments being made before and some during federal control...

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