CHICAGO, M., ST. P. & P. R. CO. v. CAMPBELL RIVER MILLS CO.

No. 6374.

53 F.2d 69 (1931)

CHICAGO, M., ST. P. & P. R. CO. v. CAMPBELL RIVER MILLS CO., Limited, et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied November 23, 1931.


Attorney(s) appearing for the Case

F. M. Dudley, L. S. Crawford, and A. J. Laughon, all of Seattle, Wash., and C. W. Howard and J. W. Kindall, both of Bellingham, Wash., for appellant.

Walter B. Whitcomb, of Bellingham, Wash., for appellees.

Before WILBUR and SAWTELLE, Circuit Judges, and ST. SURE, District Judge.


SAWTELLE, Circuit Judge.

The material facts in the instant case are not in dispute and are well stated in the opinion of the District Court, 42 F.2d 775, 776. They need not be repeated here in full, but an account of the previous litigation is of particular importance:

"In 1924 the plaintiff made complaint to the Department of Public Works of Washington that it was charged in excess of the local tariff rate. The plaintiff...

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