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GREAT NORTHERN RY. CO. v. DELMAR CO.

No. 8821.

43 F.2d 780 (1930)

GREAT NORTHERN RY. CO. v. DELMAR CO.

Circuit Court of Appeals, Eighth Circuit.

September 13, 1930.

Attorney(s) appearing for the Case

R. J. Hagman, of St. Paul Minn. (F. G. Dorety and J. H. Mulally, both of St. Paul, Minn., on the brief), for appellant.

Fred W. Putnam, of Minneapolis, Minn. (Frank W. Shaw, Orren E. Safford, Wilbur D. Shaw, and Sam W. Campbell, all of Minneapolis, Minn., on the brief), for appellee.

Before STONE and VAN VALKENBURGH, Circuit Judges, and SCOTT, District Judge.

STONE, Circuit Judge.

This is an action to recover reparation for a freight overcharge. The matter was first presented to the Interstate Commerce Commission, which found there had been an overcharge and declared reparation. The railway having failed to pay the amount found due by the Commission, the present suit resulted. From the judgment according reparation this appeal is brought.

The facts here are not in dispute and are as follows: These shipments were...

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