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MIDLAND VALLEY R. CO. v. EXCELSIOR COAL CO.

No. 10551.

86 F.2d 177 (1936)

MIDLAND VALLEY R. CO. v. EXCELSIOR COAL CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 17, 1936.

Attorney(s) appearing for the Case

O. E. Swan, of Muskogee, Okl., for appellant.

E. H. Bost, of Ft. Smith, Ark. (Eades & Rowe, of Greenwood, Ark., on the brief), for appellee.

Before STONE, WOODROUGH, and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

The Midland Valley Railroad Company prosecutes this appeal to reverse a judgment rendered against it in a law action brought under section 16 of the Interstate Commerce Act (49 U.S.C.A. § 16) to enforce an award of reparation in the sum of $2,000 made by the Interstate Commerce Commission.

It appears that six coal miners engaged as partners under the name of Excelsior Coal Company in operating a coal mine which was located about...

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