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STRAWBERRY GROWERS' SELLING CO. v. AMERICAN RY. EXPRESS CO.

No. 5114.

31 F.2d 947 (1929)

STRAWBERRY GROWERS' SELLING CO., Inc., v. AMERICAN RY. EXPRESS CO.

Circuit Court of Appeals, Fifth Court.

April 5, 1929.

Attorney(s) appearing for the Case

Chas. T. Madison, of New Orleans, La., and W. S. Rownd, of Hammond, La., for plaintiff in error.

Selim B. Lemle, of New Orleans, La. (A. M. Hartung, of New York City, and Hunter C. Leake and Lemle, Moreno & Lemle, all of New Orleans, La., on the brief), for defendant in error.

Before BRYAN and FOSTER, Circuit Judges, and GRUBB, District Judge.

PER CURIAM.

This was a suit to collect an undercharge in express rates upon interstate shipments of strawberries. It was brought more than two years, but less than three years, after the shipments were made.

The defenses were: (1) Prescription of two years under the Louisiana statute; and (2) estoppel, in that appellant had settled with the farmers whom it represented upon the basis of the rates charged and collected as the shipments were made.

As...

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