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INTERNATIONAL PAPER CO. v. DELAWARE & H. R. CORPORATION

No. 2418.

73 F.Supp. 30 (1938)

INTERNATIONAL PAPER CO. v. DELAWARE & H. R. CORPORATION.

District Court, N. D. New York.

November 21, 1938.

Attorney(s) appearing for the Case

Arthur L. Winn Jr., and Frederick E. Brown, both of Washington, D. C., and Seymour Ellenbogen, of Albany, N. Y., for plaintiff.

Joseph Rosch, of Albany, N. Y. (Carlton W. Myers, of New York City, Daniel T. Loomis, of Albany, N. Y., and Thomas L. Ennis, of New York City, of counsel), for defendant.

COOPER, District Judge.

This is a suit brought pursuant to Section 16(2) of the Interstate Commerce Act, 49 U.S.C.A. § 16(2), to recover a sum of money which the Interstate Commerce Commission by order directed the defendant to pay to plaintiff.

The Commission held that the defendant collected from the plaintiff more money than was permissible under its freight tariff and directed the defendant to pay to plaintiff the overcharge.

The defendant...

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