DAVISON GULFPORT F. CO. v. GULF & SHIP ISLAND R. CO.

No. 8338.

92 F.2d 107 (1937)

DAVISON GULFPORT FERTILIZER CO. v. GULF & SHIP ISLAND R. CO.

Circuit Court of Appeals, Fifth Circuit.

July 20, 1937.


Attorney(s) appearing for the Case

B. E. Eaton, of Gulfport, Miss., for appellant.

Oscar Backstrom and Hanun Gardner, both of Gulfport, Miss., Elmer A. Smith, of Chicago, Ill., and Charles N. Burch, H. D. Minor, and Clinton H. McKay, all of Memphis, Tenn., for appellee.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

On various dates, between December, 1928, and October, 1934, appellee, a common carrier, performed services, including wharfage, for appellant in regard to commodities moving coastwise interstate. For these services it exacted and received the charges provided therefor in tariffs the carrier had duly filed with the Interstate Commerce Commission. Appellant paid the charges without objection or protest, and without complaint as to their reasonableness...

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