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PENNSYLVANIA R. CO. v. CAROLINA PORTLAND CEMENT CO.

No. 2556.

16 F.2d 760 (1927)

PENNSYLVANIA R. CO. v. CAROLINA PORTLAND CEMENT CO.

Circuit Court of Appeals, Fourth Circuit.

January 11, 1927.

Attorney(s) appearing for the Case

Nathaniel B. Barnwell, of Charleston, S. C. (James E. Gowen, of Philadelphia, Pa., on the brief), for plaintiff in error.

Simeon Hyde, Jr., of Charleston, S. C. (Moffett & Hyde, of Charleston, S. C., on the brief), for defendant in error.

Before WADDILL and PARKER, Circuit Judges, and McCLINTIC, District Judge.

PARKER, Circuit Judge.

This is a writ of error to review a judgment for defendant upon an order sustaining a demurrer to the complaint, and the only question presented is whether the complaint states a cause of action. The facts alleged are as follows: Plaintiff is a common carrier engaged in interstate commerce. On June 16, 1922, defendant delivered to it at Tuscaloosa, Ala., a car of lumber for transportation to Harrisburg, Pa. The car arrived in Harrisburg on June...

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