WILSON CYPRESS CO. v. ATLANTIC COAST LINE R. CO.

Nos. 9199, 9211.

109 F.2d 623 (1940)

WILSON CYPRESS CO. v. ATLANTIC COAST LINE R. CO. CUMMER SONS CYPRESS CO. v. SAME.

Circuit Court of Appeals, Fifth Circuit.

February 16, 1940.


Attorney(s) appearing for the Case

Henry P. Adair, of Jacksonville, Fla., for appellant Wilson Cypress Co.

Henry P. Adair, Clarence G. Ashby, and Victor Blue, all of Jacksonville, Fla., for appellant Cummer Sons Cypress Co.

Carl H. Davis, of Wilmington, N. C., Charles Cook Howell, of Jacksonville, Fla., John B. Sutton, of Tampa, Fla., and Philip H. Alston, of Atlanta, Ga., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

These suits begun in the State, and removed to the Federal Court, were for the recovery of freights exacted, in excess of the Florida Railroad Commission, "Cummer" scale, for the hauling of logs in Florida between February 19, 1929, and March 12, 1931. The claim was that, exacted under the purported authority of the Interstate Commerce Commission order, dated August 10, 1928, and effective February 19, 1929, fixing higher rates than the ...

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