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MARTHENS v. PENNSYLVANIA R. CO.

No. 5389.

78 F.2d 37 (1935)

MARTHENS v. PENNSYLVANIA R. CO. et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 26, 1935.

Attorney(s) appearing for the Case

Mathias F. Perz and Harry C. Barnes, both of Chicago, Ill., for appellant.

Clyde E. Shorey, Louis W. Becker, Jr., Leo P. Day, James Stillwell, and Don Kenneth Jones, all of Chicago, Ill., for appellees.

Before EVANS, FITZHENRY, and ALSCHULER, Circuit Judges.

EVANS, Circuit Judge.

Appellant, who was plaintiff below, brought this action to recover the amount which the Interstate Commerce Commission had awarded the Chester N. Marthens Marble Company as reparation for overcharges collected by appellees. Liability was opposed on the ground that appellant was not the proper party to maintain the action.

Appellant sued as "Successor in interest to Chester N. Marthens Marble Company, a dissolved Illinois corporation....

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