MARSHALL MFG. CO. v. TEXAS & P. RY. CO.

No. 5307.

29 F.2d 660 (1928)

MARSHALL MFG. CO. v. TEXAS & P. RY. CO.

Circuit Court of Appeals, Fifth Circuit.

December 13, 1928.


Attorney(s) appearing for the Case

Hobart Key and Barret Gibson, both of Marshall, Tex., for appellant.

J. H. T. Bibb, of Marshall, Tex. (Bibb & Caven, of Marshall, Tex., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

This is an appeal by a shipper of freight from a judgment against it in favor of a railroad carrier for an amount which represented balances due on shipments under an interstate rate. During the year 1924, in which the shipments were made, there was in effect a rate thereon, approved by the Interstate Commerce Commission, of 34 cents per hundredweight from Paragould, Ark., to Marshall, Tex. During the same period there were in effect two local...

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