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KURN v. PITTSBURGH PLATE GLASS CO.

Nos. 1110, 1111.

48 F.Supp. 574 (1942)

KURN et al. v. PITTSBURGH PLATE GLASS CO. THOMPSON v. SAME.

District Court, E. D. Missouri, E. D.

December 24, 1942.

Attorney(s) appearing for the Case

M. G. Roberts, C. H. Skinker, Jr., and John E. McCullough, all of St. Louis, Mo., for plaintiff Kurn and others.

Leland Hazard, of Pittsburgh, Pa., and Victor A. Wallace, and Igoe, Carroll, Keefe & Cuburn, all of St. Louis, Mo., for defendant.

H. H. Larimore, Toll R. Ware, and Geo. W. Holmes, all of St. Louis, Mo., for plaintiff Guy A. Thompson.

COLLET, District Judge.

These cases against the same defendant were submitted together. In each the plaintiff interstate carriers seek recovery of switching allowances made to the defendant shipper, which allowances were later held by the Interstate Commerce Commission to be unlawful preferences. The defenses are: First: That the actions are barred by the three-year limitation of the Transportation Act,1 or, Second: By the five-year Missouri...

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