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CARROLLTON EXCELSIOR & F. CO. v. NEW ORLEANS & N. E. R. CO.

No. 6949.

69 F.2d 691 (1934)

CARROLLTON EXCELSIOR & FUEL CO., Limited, v. NEW ORLEANS & N. E. R. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 4, 1934.

Attorney(s) appearing for the Case

W. J. Waguespack, Herbert W. Waguespack, and L. F. Daspit, all of New Orleans, La., for appellant.

W. J. Blanc Monroe, Monte M. Lemann, and Walter J. Suthon, Jr., all of New Orleans, La., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit is for damages for loss of profits, loss of credit, and destruction of plaintiff's business. The jurisdictional grounds are that defendant has inflicted these damages on plaintiff by deliberately instituting, publishing, and applying unjust, unreasonable, and discriminatory interstate tariffs and practices. The claim is that to favor plaintiff's competitor, an excelsior manufacturer at Basic, Miss., defendant carried raw material...

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