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UPDIKE GRAIN CO. v. CHICAGO & N. W. RY. CO.

Nos. 8381, 8382.

35 F.2d 486 (1929)

UPDIKE GRAIN CO. v. CHICAGO & N. W. RY. CO. (two cases).

Circuit Court of Appeals, Eighth Circuit.

October 7, 1929.

Attorney(s) appearing for the Case

Anan Raymond, of Omaha, Neb. (Francis A. Brogan and Alfred G. Ellick, both of Omaha, Neb., on the brief), for appellant.

Robert D. Neely, of Omaha, Neb. (Wymer Dressler, of Omaha, Neb., on the brief), for appellee.

Before KENYON and VAN VALKENBURGH, Circuit Judges, and OTIS, District Judge.

KENYON, Circuit Judge.

These two cases were consolidated and tried by the court under a written stipulation waiving a jury. They are suits to recover freight charges claimed to be due upon shipments of grain by appellant from various stations on the Chicago & Northwestern Railway between Sioux City and Council Bluffs, through Council Bluffs to Chicago, with transit privileges at Council Bluffs. The carrier collected the regular through rate from points of shipment...

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