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NORTHERN PAC. RY. CO. v. SOMMERS BROS. MFG. CO.

No. 1040.

34 F.2d 56 (1929)

NORTHERN PAC. RY. CO. v. SOMMERS BROS. MFG. CO. et al.

District Court, D. Idaho, N. D.

June, 1929.

Attorney(s) appearing for the Case

Cannon, McKevitt & Fraser, of Spokane, Wash., and O. J. Bandelin, of Sandpoint, Idaho, for plaintiff.

Wakefield & Witherspoon, of Spokane, Wash., and Gray & Potts, of Cœur d'Alene, Idaho, for defendant Sommers Bros. Mfg. Co.

E. W. Wheelan, of Sandpoint, Idaho, for defendant Beardmore.

CAVANAH, District Judge.

The plaintiff railroad company brings this action under the Interstate Commerce Act (49 USCA § 1 et seq.) to recover the sum of $3,806.90 refunded by it to the defendants in violation of the tariff and schedule of freight charges adopted and filed with the Interstate Commerce Commission. Separate demurrers were filed by the defendants to the complaint, but the demurrer of the defendant Sommers Bros. Manufacturing Company has been withdrawn...

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