SOUTHERN PAC. CO. v. VAN HOOSEAR

No. 7014.

72 F.2d 903 (1934)

SOUTHERN PAC. CO. v. VAN HOOSEAR.

Circuit Court of Appeals, Ninth Circuit.

September 13, 1934.


Attorney(s) appearing for the Case

James E. Lyons and Harry H. McElroy, both of San Francisco, Cal., for appellant.

Carl R. Schulz, of San Francisco, Cal., for appellee.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.


MACK, Circuit Judge.

In an action for freight charges on shipments of commodities from the wharves at San Francisco to the appellee's mills in the same city, appellant sought to recover $1,195.96 with interest, on the theory that interstate and not intrastate rates were applicable. Appellee admitted an indebtedness of $593.70, based on the intrastate rate, and denied that he had ever refused to pay that sum. The court, after trial without a jury, first gave judgment...

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