NORTH WESTERN REFRIGERATOR LINE CO. v. ERVIN

No. 7678.

78 F.2d 186 (1935)

NORTH WESTERN REFRIGERATOR LINE CO. v. ERVIN et al.

Circuit Court of Appeals, Fifth Circuit.

Motion for Award of Damages and Rehearing Denied July 24, 1935.


Attorney(s) appearing for the Case

Harry Eugene Kelly, of Chicago, Ill., and Albert S. Bozeman, of Meridian, Miss., for appellant.

C. C. Miller, of Meridian, Miss., and Carl Fox and Rufus Creekmore, both of St. Louis, Mo., for appellees.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.


BRYAN, Circuit Judge.

The Mobile & Ohio Railroad Company, through its receivers, sued the North Western Refrigerator Line Company to recover compensation for the excess of empty over loaded mileage that it had transported over its railroad refrigerator cars which it alleged were owned by the defendant. The action relates entirely to interstate transportation, and was brought to enforce payment according to the provisions of items 108 and 112 of Mileage Tariff...

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