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

No. 11998.

124 F.2d 952 (1942)

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

Circuit Court of Appeals, Eighth Circuit.

January 8, 1942.

Attorney(s) appearing for the Case

William G. Boatright and Harry L. Jacobs, both of Kansas City, Mo. (Bernard L. Glover and Charles A. Whitebook, both of Kansas City, Mo., on the brief), for appellants.

R. S. Outlaw, of Chicago, Ill., E. A. Neel, of Kansas City, Mo., and Hobert Price, of Dallas, Tex. (Cyrus Crane, George J. Mersereau, and Dean Wood, all of Kansas City, Mo., Frank J. Wren, of Ft. Worth, Tex., R. S. Shapard and Robert G. Payne, both of Dallas, Tex., and C. S. Burg and Carl S. Hoffman, both of St. Louis, Mo., on the brief), for appellees.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

GARDNER, Circuit Judge.

This was an action brought by appellants as plaintiffs against appellees as defendants to recover damages on account of the alleged refusal of the defendant carriers to receive and transport at the rates applicable on scrap iron and scrap steel, certain plates or sheets from dismantled oil tanks, in violation of Sections 8 and 9 of the Interstate Commerce Act, 49 U.S.C.A. §§ 8 and 9. It was alleged that on or about December, 1936...

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