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WESTERN GRAIN CO. v. ST. LOUIS-SAN FRANCISCO RY. CO.

No. 6349.

56 F.2d 160 (1932)

WESTERN GRAIN CO. v. ST. LOUIS-SAN FRANCISCO RY. CO.

Circuit Court of Appeals, Fifth Circuit.

February 13, 1932.

Attorney(s) appearing for the Case

Francis A. Brogan and Alfred G. Ellick, both of Omaha, Neb., and J. P. Mudd, of Birmingham, Ala., for appellant.

Jelks H. Cabaniss and Jos. F. Johnston, both of Birmingham, Ala., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

This suit was filed to recover freight undercharges claimed to be due because of the application of a nonexistent and therefore illegal tariff to various shipments of grain from points in Nebraska to Birmingham, Ala. These shipments were consigned by the Updike Grain Corporation to itself, order notify Western Grain Company, Birmingham, pursuant to a contract of sale between it and the Western Grain Company on a basis delivered Birmingham...

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