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BEAUMONT, SOUR LAKE & WESTERN RY. CO. v. MAGNOLIA PROVISION CO.

No. 5191.

26 F.2d 72 (1928)

BEAUMONT, SOUR LAKE & WESTERN RY. CO. v. MAGNOLIA PROVISION CO. TEXAS & N. O. R. CO. et al. v. SAME. TEXAS & N. O. R. CO. v. HOUSTON PACKING CO.

Circuit Court of Appeals, Fifth Circuit.

May 10, 1928.

Attorney(s) appearing for the Case

W. M. Streetman and W. L. Cook, both of Houston, Tex. (Andrews, Streetman, Logue & Mobley, of Houston, Tex., on the brief), for appellant Beaumont, Sour Lake & Western Railway Co.

John T. Garrison and C. E. Coolidge, both of Houston, Tex. (Garrison & Watson, of Houston, Tex., on the brief), for appellants Texas & N. O. R. R. Co. and others.

Carl G. Stearns and James J. Shaw, both of Houston, Tex. (Fulbright, Crooker & Freeman, of Houston, Tex., on the brief), for appellees, Magnolia Provision Co. and Houston Packing Co.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

The appellant railroad carriers published and filed with the Interstate Commerce Commission a rate of 23 cents per hundredweight on tin cans from New Orleans to destination points that included Houston, Tex. While that remained a published rate, appellee shippers were required to pay 70 cents per hundredweight. The shipper in two of these cases brought suit to recover the excess above 23 cents, and in the other the carrier sued to recover a refund...

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