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INTERNATIONAL MILLING CO. v. LOWDEN

No. 10754.

91 F.2d 270 (1937)

INTERNATIONAL MILLING CO. v. LOWDEN et al.

Circuit Court of Appeals, Eighth Circuit.

June 19, 1937.

Attorney(s) appearing for the Case

Harold G. Simpson, of Minneapolis, Minn. (Ernest W. Erickson, of Minneapolis, Minn., on the brief), for appellant.

Philip Stringer, of St. Paul, Minn. (Alexander E. Horn, Edward S. Stringer, and McNeil V. Seymour, all of St. Paul, Minn., and W. F. Dickinson and Harry E. Boe, both of Chicago, Ill., on the brief), for appellees.

Before STONE, SANBORN, and THOMAS, Circuit Judges.

STONE, Circuit Judge.

This is an action brought by the trustees of the Chicago, Rock Island & Pacific Railway Company against the International Milling Company for undercharges covering numerous car loads of flour shipped from Davenport, Iowa, to various points east of Peoria, Ill. Besides denying any undercharge, the milling company pleaded a counterclaim for overcharge collection from its consignee as to each shipment. In the trial court, the parties tried the...

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