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PENNSYLVANIA R. CO. v. SOUTH CAROLINA PRODUCE ASS'N

25 F.2d 315 (1928)

PENNSYLVANIA R. CO. v. SOUTH CAROLINA PRODUCE ASS'N.

District Court, E. D. South Carolina.

April 10, 1928.

Attorney(s) appearing for the Case

N. B. Barnwell, of Charleston, S. C., for plaintiff.

John I. Cosgrove, of Charleston, S. C., for defendant.

ERNEST F. COCHRAN, District Judge.

The plaintiff brought this action to recover from the defendant certain freight charges for the transportation of certain interstate shipments. The defendant's answer sets forth a counterclaim for damages for negligence in the transportation of those shipments. The plaintiff has demurred to the counterclaim, on the ground that the claim for damages cannot, under the Interstate Commerce Act of Congress and the acts amendatory thereto...

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