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SONKEN-GALAMBA CORP. v. ATCHISON, T. & S. F. RY. CO.

No. 124.

28 F.Supp. 456 (1939)

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

District Court, W. D. Missouri, W. D.

July 27, 1939.

Attorney(s) appearing for the Case

I. J. Ringolsky, William G. Boatright, and Harry Jacobs, of the firm of Ringolsky, Boatright & Jacobs, all of Kansas City, Mo., for plaintiffs.

R. S. Outlaw, of Chicago, Ill., and Lathrop, Crane, Reynolds, Sawyer & Mersereau, George J. Mersereau, and Dean Wood, all of Kansas City, Mo., for defendant Atchison, T. & S. F. Ry. Co.

Cooper, Neel & Sutherland and Mr. Ellison A. Neel, all of Kansas City, Mo., and Carl S. Hoffman, of St. Louis, Mo., Hobert Price, of Dallas, Tex., and James T. Blair, of St. Louis, Mo., for defendants Missouri-Kansas-Texas R. Co. and Missouri-Kansas-Texas R. Co. of Texas.

T. D. Gresham, of Dallas, Tex., for defendant Texas & P. Ry. Co.

Lathrop, Crane, Reynolds, Sawyer & Mersereau, George J. Mersereau, and Dean Wood, all of Kansas City, Mo., for defendant Pennsylvania R. Co.

OTIS, District Judge.

This suit was instituted against six railroad companies and other defendants under Section 8 of Title 49, U.S.C., 49 U. S.C.A. § 8, to recover damages for the refusal of the carriers to transport at the scrap iron and scrap steel rate what the plaintiffs claim was scrap iron and scrap steel. After answers had been filed plaintiffs moved for summary judgment under Rule 56, 28 U.S.C.A. following section 723c, alleging that whether the material...

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