CHESAPEAKE & O. RY. CO. v. INDIANA FIBRE PRODUCTS CO.

No. 5268.

75 F.2d 193 (1935)

CHESAPEAKE & O. RY. CO. v. INDIANA FIBRE PRODUCTS CO.

Circuit Court of Appeals, Seventh Circuit.

February 13, 1935.


Attorney(s) appearing for the Case

Albert H. Cole, of Peru, Ind., for appellant.

O. E. Fuelber and Hugh B. Olds, both of Fort Wayne, Ind., for appellee.

Before EVANS, SPARKS, and FITZ HENRY, Circuit Judges.


EVANS, Circuit Judge.

Appellant brought this action to collect freight charges based upon a rate, the applicability of which appellee disputed. The case proceeded to a hearing, and a jury trial was waived. At the close of the testimony neither side made a request for a finding or a ruling of law. The court ordered judgment to be entered in favor of appellee. Appellant appealed and, as a ground for reversal, argues that there is no evidence in the bill of exceptions...

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