ATCHISON, T. & S. F. RY. CO. v. UNITED STATES

No. 11062.

106 F.2d 899 (1939)

ATCHISON, T. & S. F. RY. CO. et al. v. UNITED STATES ex rel. SONKEN-GALAMBA CORPORATION.

Circuit Court of Appeals, Eighth Circuit.

October 23, 1939.


Attorney(s) appearing for the Case

R. S. Outlaw, of Chicago, Ill., and Dean Wood, of Kansas City, Mo. (Lathrop, Crane, Reynolds, Sawyer & Mersereau, of Kansas City, Mo., G. B. Ross, of Galveston, Tex., Frank J. Wren, of Fort Worth, Tex., C. S. Burg, and Carl S. Hoffman, both of St. Louis, Mo., E. A. Neel, of Kansas City, Mo., G. H. Penland and Hobart Price, both of Dallas, Tex., and Charles J. Kelly, on the brief), for appellants and other defendants in the District Court.

Harry L. Jacobs and William G. Boatright, both of Kansas City, Mo. (Bernard L. Glover, I. J. Ringolsky, and Ringolsky, Boatright & Jacobs, all of Kansas City, Mo., on the brief), for appellee.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.


GARDNER, Circuit Judge.

Appellee brought in the lower court a mandamus proceeding, authorized by Section 49, Title 49 U.S.C.A., against appellants, to compel appellant railroad companies to receive and carry certain steel and iron plates at the published tariff rate for steel and scrap. Appellee contended that the material consisting of old dismantled steel and iron oil tanks, should be classified for freight rate purposes as steel and scrap iron, while the appellants...

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