GABBERT v. ATCHISON, T. & S. F. RY. CO.

Nos. 8567-8569.

93 F.2d 562 (1937)

GABBERT et al. v. ATCHISON, T. & S. F. RY. CO. JOHNSON v. SAME. WHALEY v. COLORADO & S. RY. CO. et al.

Circuit Court of Appeals, Fifth Circuit.

December 30, 1937.


Attorney(s) appearing for the Case

A. L. Reed and Frank A. Leffingwell, both of Dallas, Tex., for appellants.

Fred L. Wallace and Frank J. Wren, both of Fort Worth, Tex., and J. L. Rice, of Denver, Colo., for appellees.

Before FOSTER and HUTCHESON, Circuit Judges, and STRUM, District Judge.


FOSTER, Circuit Judge.

These three cases present the same issues and were argued and submitted together. Appellants brought the suits against the various railroads named as defendants to enforce reparation orders the Interstate Commerce Commission had issued in their favor. They were dismissed on general demurrers. The appeals are from those judgments.

With slight variations as to details, the petitions, in substance, allege: That petitioners bought coal in...

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