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ATLANTIC COAST LINE R. CO. v. SMITH BROS.

No. 6608.

63 F.2d 747 (1933)

ATLANTIC COAST LINE R. CO. et al. v. SMITH BROS., Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 4, 1933.

Attorney(s) appearing for the Case

Robert B. Holland, of Dallas, Tex., for appellants.

A. L. Reed, of Dallas, Tex., for appellee.

Before BRYAN, HUTCHESON, and WALKER, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellee made through shipments into Florida over the lines of the carrier appellants. No joint through rate having been established, the shipments moved under a three-factor combination through rate, made up of (1) the class A rates to New Orleans or Memphis, or fifth class to Evansville (2) and (3) the sixth class rate to and beyond Jacksonville, Fla. Claiming that the through rate was excessive to the extent that the third factor, the...

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