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NOCATEE CRATE CO. v. ATLANTIC COAST LINE R. CO.

No. 5267.

26 F.2d 670 (1928)

NOCATEE CRATE CO. v. ATLANTIC COAST LINE R. CO.

Circuit Court of Appeals, Fifth Circuit.

June 13, 1928.

Attorney(s) appearing for the Case

Fred T. Saussy, of Tampa, Fla., and Chas. E. Donnelly, of Savannah, Ga. (Watson & Saussy, of Tampa, Fla., on the brief), for appellant.

T. Paine Kelly, of Tampa, Fla. (J. W. B. Shaw, of Tampa, Fla., on the brief), for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

Appellant made a number of shipments in carload lots, loaded in box cars, of short logs, 51 to 57 inches long, from various points in Florida to Nocatee, Fla., all within a distance of 150 miles. There were two rates shown in appellee's tariffs, one on logs under 6 feet in length, and one on logs, except cedar, with no qualification as to length, applying only to movements of less than 170 miles. Both rates applied to carload shipments and varied...

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