GARDNER, Circuit Judge.
Appellants, as plaintiffs below, brought this action at law to recover damages for the assessment and collection by defendant, a common carrier, of alleged unreasonable, extortionate, and discriminatory freight rates on various intrastate shipments of sand and gravel moving between certain points on defendant's railway in North Dakota.
After the impaneling of a jury, and before the taking of any testimony, defendant moved for a dismissal...
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