EAGLE COTTON OIL CO. v. SOUTHERN RY. CO.

No. 6126.

51 F.2d 443 (1931)

EAGLE COTTON OIL CO. v. SOUTHERN RY. CO. et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied September 4, 1931.


Attorney(s) appearing for the Case

E. B. Williams, of Meridian, Miss., Luther M. Walter, John S. Burchmore, and Nuel D. Belnap, all of Chicago, Ill., and Allan P. Matthew, of San Francisco, Cal. (Felix T. Smith and Samuel L. Wright, both of San Francisco, Cal., Paul M. Gregg and Jerry H. Powell, both of Los Angeles, Cal., F. F. Thomas, Jr., John O. Moran, Pillsbury, Madison & Sutro, and McCutchen, Olney, Mannon & Greene, all of San Francisco, Cal., on the brief), for appellant.

Joseph P. Cook, of Washington, D. C., A. S. Bozeman, of Meridian, Miss., W. N. McGehee, of Washington, D. C., W. E. Baskin, of Meridian, Miss., James E. Lyons and Burton Mason, both of San Francisco, Cal., and Harry McCall, of New Orleans, La. (Baskin, Wilbourn & Miller and Bozeman & Cameron, all of Meridian, Miss., on the brief), for appellees.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


BRYAN, Circuit Judge.

This is an action by appellant on an order of the Interstate Commerce Commission awarding reparation on account of excessive freight rates collected by the appellee railroad carriers for the transportation of coal from mines in Alabama to Meridian, Miss. The published rate of $2.03 per ton was held by the Commission, in a proceeding begun before it by appellant in 1925, to have been excessive to the extent that it exceeded $1.85 per ton from...

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