VAN DUSEN HARRINGTON CO. v. NORTHERN PAC. RY. CO.

No. 8217.

32 F.2d 466 (1929)

VAN DUSEN HARRINGTON CO. v. NORTHERN PAC. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

April 16, 1929.


Attorney(s) appearing for the Case

A. C. Remele, of Minneapolis, Minn., for appellant.

D. R. Frost, of St. Paul, Minn. (D. F. Lyons, of St. Paul, Minn., on the brief), for appellee.

Before VAN VALKENBURGH and BOOTH, Circuit Judges, and MUNGER, District Judge.


VAN VALKENBURGH, Circuit Judge.

Appellee, plaintiff below, brought suit in the District Court for the District of Minnesota against appellant, defendant below, to recover charges alleged to be due for reconsignment of carloads of grain from Minneapolis, Minn., under a tariff of rules and charges filed by appellee, governing the diversion or reconsignment of carload freight. The parts of that tariff pertinent to this inquiry are the following:

"Rule 1. Grain...

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