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KRAUSS BROS. LUMBER CO. v. MELLON

No. 4910.

30 F.2d 901 (1929)

KRAUSS BROS. LUMBER CO. v. MELLON, Agent, etc., et al.

Circuit Court of Appeals, Fifth Circuit.

February 21, 1929.

Attorney(s) appearing for the Case

Brenton K. Fisk, of Boston, Mass. (Joseph P. Mudd, of Birmingham, Ala., and Harry S. Elkins, of Washington, D. C., on the brief), for appellant.

S. P. Smith, of Birmingham, Ala., and Alexander M. Bull, of Washington, D. C. (Stokely, Serivner, Dominick & Smith, of Birmingham, Ala., and Sidney F. Andrews, of Washington, D. C., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judge.

This is a suit by a shipper against railroad carriers to recover charges collected as demurrage for delay at points of reconsignment of interstate shipments en route to points of final destination.

The Interstate Commerce Commission, on complaint of the shipper, held that the collections, which it is agreed amounted to $10,356, were illegally made, and entered an order of reparation. The district judge before whom this suit was tried...

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