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CARPENTER v. TEXAS & NEW ORLEANS R. CO.

Nos. 8116, 8117.

89 F.2d 274 (1937)

CARPENTER et al. v. TEXAS & NEW ORLEANS R. CO. NORRIS GRAIN CO. v. SAME.

Circuit Court of Appeals, Fifth Circuit.

March 23, 1937.

Attorney(s) appearing for the Case

Carl G. Stearns, of Houston, Tex., Charles M. Blackmar, of Kansas City, Mo., and James L. Coleman, of Chicago, Ill., for appellants.

Harry R. Jones and Tom M. Davis, both of Houston, Tex., for appellee.

Before FOSTER and SIBLEY, Circuit Judges, and HOLLAND, District Judge.

HOLLAND, District Judge.

This appeal involves a construction of certain emergency freight tariffs of joint commodity rates when for export only on wheat and wheat flour in straight carloads, the emergency being stated as follows:

"This emergency tariff is issued at the solicitation of the President of the United States. Due to the large carry-over from last season's wheat crop and the immediate prospects for a very large production this coming season, it has...

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