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BALTIMORE & O. R. CO. v. BRADY

No. 3283.

61 F.2d 242 (1932)

BALTIMORE & O. R. CO. et al. v. BRADY.

Circuit Court of Appeals, Fourth Circuit.

October 3, 1932.

Attorney(s) appearing for the Case

William C. Purnell, of Baltimore, Md., and George M. Hoffheimer, of Clarksburg, W. Va. (Charles R. Webber, of Baltimore, Md., E. A. Bowers, of Elkins, W. Va., and Eugene S. Williams, of Baltimore, Md., on the brief), for appellants.

George T. Bell, of Washington, D. C., and Samuel T. Spears, of Elkins, W. Va., for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal in an action instituted pursuant to section 16 (2) of the Interstate Commerce Act as amended (49 USCA § 16 (2) to recover damages sustained by the plaintiff, A. Spates Brady, as a result of the failure and refusal of the defendants the Baltimore & Ohio Railroad Company and the Western Maryland Railway Company, to furnish the plaintiff coal cars in which to ship the product of his coal mine. Prior to the institution...

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