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ATLANTIC COAST LINE R. CO. v. DELAWARE & H. R. CORP.

Nos. 100, 101.

86 F.2d 721 (1936)

ATLANTIC COAST LINE R. CO. et al. v. DELAWARE & H. R. CORP. POWELL et al. v. BOSTON & M. R. R. et al.

Circuit Court of Appeals, Second Circuit.

December 14, 1936.

Attorney(s) appearing for the Case

Miller, Owen, Otis & Bailly, of New York City (Edward C. Bailly and Walter H. Brown, Jr., both of New York City, of counsel), for plaintiffs-appellants.

Robert C. Hardy, of New York City, for defendants-appellants.

Thomas L. Ennis, of New York City, (Joseph Rosch, of Albany, N. Y., and Carleton W. Meyer, of New York City, of counsel), for defendant Delaware & Hudson R. Corporation.

Whalen, McNamee, Creble & Nichols, of Albany, N. Y. (Charles E. Nichols, of Albany, N. Y., of counsel), for appellee Boston & Maine R.R.

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

MANTON, Circuit Judge.

These cases will be considered in one opinion.

Appellants Powell and Anderson were operating the Seaboard Air Line Railway Company as receivers and sued appellees, as did the Atlantic Coast Line Railroad Company and the Southern Railway Company, for an accounting of their share of joint freight rates, over the entire route from points in Florida to northern points, for citrus fruit transportation between November 9, 1928, and November...

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