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EMMONS CO. v. NORFOLK & WESTERN RY.

No. 70.

272 U.S. 709 (1927)

EMMONS COAL MINING COMPANY ET AL. v. NORFOLK & WESTERN RAILWAY COMPANY.

Supreme Court of United States.

Decided January 3, 1927.

Attorney(s) appearing for the Case

Mr. J.T. Manning, Jr., with whom Mr. William G. Wright was on the brief, for plaintiffs in error.

Mr. J. Hamilton Cheston, with whom Messrs. F.M. Rivinus and Theodore W. Reath were on the brief, for defendant in error.

MR. JUSTICE HOLMES delivered the opinion of the Court.

This is a suit by the Norfolk and Western Railway Company to recover demurrage on cars at Lambert's Point, Virginia, from the Emmons Coal Mining Company and its surety. An affidavit of defence upon matters of law was filed, but was held insufficient by the District Court, 287 Fed. 168, and judgment subsequently was entered for the plaintiff. The judgment was affirmed...

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