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RALEIGH SMOKELESS FUEL CO. v. VIRGINIAN RY. CO.

No. 3007.

43 F.2d 555 (1930)

RALEIGH SMOKELESS FUEL CO. v. VIRGINIAN RY. CO.

Circuit Court of Appeals, Fourth Circuit.

September 19, 1930.

Attorney(s) appearing for the Case

Sherlock Bronson, of Richmond, Va. (W. W. Goldsmith, of Beckley, W. Va., on the brief), for appellant.

W. C. Plunkett, of Norfolk, Va. (W. H. T. Loyall, of Norfolk, Va., on the brief), for appellee.

Before PARKER, Circuit Judge, and WATKINS and SOPER, District Judges.

PARKER, Circuit Judge.

This action was instituted in the court below to recover demurrage amounting to $932 on cars of coal shipped by defendant from a point in West Virginia to Sewalls Point, Va. The case was tried by the court without a jury; and from a judgment in favor of the plaintiff railway company, the defendant has appealed.

There is no dispute as to the facts. The cars upon which demurrage is claimed arrived at South Branch yard near Norfolk, Va...

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