HYGRADE FOOD PRODUCTS CORP. v. CHICAGO, M., ST. P. & P. R. CO.

No. 423.

85 F.2d 113 (1936)

HYGRADE FOOD PRODUCTS CORPORATION v. CHICAGO, M., ST. P. & P. R. CO. et al.

Circuit Court of Appeals, Second Circuit.

July 30, 1936.


Attorney(s) appearing for the Case

Cravath, deGersdorff, Swaine & Wood and Jacob Aronson, all of New York City (William D. Whitney and Littleton Groom, both of New York City, of counsel), for appellants.

Miller, Owen, Otis & Bailly, of New York City (Harold J. Gallagher and Edward M. Boyne, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


SWAN, Circuit Judge.

This appeal involves the determination of the legal freight rates applicable to shipments of hogs from points in South Dakota to Buffalo, N. Y. On December 4, 1924, the plaintiff's assignor, Allied Packers, Inc., shipped a single deck carload of hogs from Mitchell, S. D. The St. Paul road carried it to Chicago, where it was switched by the Indiana Harbor Belt Railroad to the tracks of the Nickel Plate, which carried it on to Buffalo. There were...

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