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SOUTHERN RY. CO. v. EICHLER

No. 9171.

56 F.2d 1010 (1932)

SOUTHERN RY. CO. v. EICHLER et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 23, 1932.

Attorney(s) appearing for the Case

Charles Clark, of Washington, D. C. (Bruce A. Campbell, of East St. Louis, Ill., and Samuel B. McPheeters and Roy W. Rucker, both of St. Louis, Mo., on the brief), for appellant.

Irvin H. Gamble, of St. Louis, Mo. (B. M. Godfrey, of St. Louis, Mo., on the brief), for appellees.

Before VAN VALKENBURGH, BOOTH, and GARDNER, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

August 6, 1926, appellees filed complaint with the Interstate Commerce Commission, involving rates upon carload shipments of certain clay articles shipped from Albion, Ill., to St. Louis, Mo. The allegation was that the said carload shipments consisted of common brick on which appellant assessed and collected a rate of $1.45 per ton under the standard brick schedule, of 2,000 pounds, whereas the applicable rate was $1.15 per ton under...

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