GLENS FALLS PORTLAND C. CO. v. DELAWARE & HUDSON CO.

No. 173.

66 F.2d 490 (1933)

GLENS FALLS PORTLAND CEMENT CO. v. DELAWARE & HUDSON CO. et al.

Circuit Court of Appeals, Second Circuit.

July 17, 1933.


Attorney(s) appearing for the Case

H. T. Newcomb, Nathan Probst, Jr., and Thomas L. Ennis, all of New York City, for appellants.

Cohen, Gutman & Richter, of New York City (Julius Henry Cohen, Kenneth Dayton, and Burton A. Zorn, all of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


SWAN, Circuit Judge.

The present suit, brought under section 16(2) of the Interstate Commerce Act (49 USCA § 16 (2), seeks to recover from three defendant railroad corporations damages suffered by the petitioner, hereafter referred to as the cement company, by reason of the collection from it of unreasonable and unlawful freight rates on shipments of cement during the two years preceding August 27, 1926. The cement company...

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