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SPENCER KELLOGG & SONS v. UNITED STATES

No. 390.

20 F.2d 459 (1927)

SPENCER KELLOGG & SONS, Inc., v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 5, 1927.

Attorney(s) appearing for the Case

Lewis & Carroll, of Buffalo, N. Y. (W. C. Carroll, of Buffalo, N. Y., of counsel), for plaintiff in error.

Richard H. Templeton, U. S. Atty., William J. Donovan, Asst. Atty. Gen., and Elmer B. Collins, Sp. Asst. Atty. Gen., of Buffalo, N. Y.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

This writ seeks to review a judgment of conviction under section 1 of the Elkins Act (32 Stat. 847) and section 2 of the Hepburn Act (34 Stat. 587 [Comp. St. § 8597]). The plaintiff in error is the owner of a grain elevator, receiving grain from the West, elevating it, storing it for a limited time, and loading it again on a common carrier's freight cars for transportation to seaboard. The shipments in question moved during 1924-1925. The...

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