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PENNSYLVANIA R. CO. v. SUSQUEHANNA COLLIERIES CO.

No. 14509.

23 F.2d 499 (1927)

PENNSYLVANIA R. CO. v. SUSQUEHANNA COLLIERIES CO.

District Court. N. D. Ohio, E. D.

November 25, 1927.

Attorney(s) appearing for the Case

Squire, Sanders & Dempsey, of Cleveland, Ohio, for plaintiff.

W. C. Scott, of Cleveland, Ohio, and Ernest S. Ballard and Allan J. Carter, both of Chicago, Ill., for defendant.

WESTENHAVER, District Judge.

This cause is before me on defendant's demurrer to plaintiff's petition. Plaintiff's action is to recover demurrage charges. The point urged in support of the demurrer is that paragraph 3, § 16, of the Interstate Commerce Act, as amended by Transportation Act 1920, § 424 (Comp. St. § 8584), requires that all actions at law by carriers subject to that act for the recovery of their charges or any part thereof shall be begun...

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