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STANDARD OIL CO. v. PENNSYLVANIA R. CO.

No. 4162.

40 F.2d 52 (1930)

STANDARD OIL CO. v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 29, 1930.

Attorney(s) appearing for the Case

John R. Cochran, of Chicago, Ill., for appellant.

J. L. Aber, of Pittsburgh, Pa., for appellee.

Before ALSCHULER, PAGE, and SPARKS, Circuit Judges.

ALSCHULER, Circuit Judge (after stating the facts as above).

It is conceded that the I. T. R. tariff, fixing as it does freight rates upon a particular commodity between specifically named points, established what is known in tariff parlance as "commodity rates." There is not such unanimity in the classification of the rates under the intermediate rule. Appellant insists that these are likewise commodity rates in that they are upon the same specific merchandise, and...

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