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S. A. GERRARD CO. v. AMERICAN RY. EXPRESS CO.

No. 5223.

35 F.2d 861 (1929)

S. A. GERRARD CO. v. AMERICAN RY. EXPRESS CO.

Circuit Court of Appeals, Sixth Circuit.

November 8, 1929.

Attorney(s) appearing for the Case

H. G. Hightower, of Cincinnati, Ohio (Hightower, O'Brien & Porter, of Cincinnati, Ohio, on the brief), for appellant.

Frank S. Graydon, of Cincinnati, Ohio (A. M. Hartung, of New York City, and Maxwell & Ramsey, of Cincinnati, Ohio, on the brief), for appellee.

Before DENISON, MOORMAN, and HICKS, Circuit Judges.

HICKS, Circuit Judge.

Suit to recover alleged overcharges upon express shipments amounting to $1,325.49, with interest. The shipments consisted of 12 cars of cantaloupes from California to points east. Plaintiff claimed that the charges collected were in excess of the rate fixed by the tariff classification on file with the Interstate Commerce Commission (tit. 49, ch. 1, § 6, U. S. C. [49 USCA § 6]). By stipulation the case was tried by the court without...

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