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ATCHISON, T. & S. F. RY. CO. v. GUTHRIE COTTON OIL CO.

No. 2742.

139 F.2d 10 (1943)

ATCHISON, T. & S. F. RY. CO. v. GUTHRIE COTTON OIL CO.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied January 3, 1944.

Attorney(s) appearing for the Case

Charles J. Kelly, of Denver, Colo. (Rainey, Flynn, & Green, of Oklahoma City, Okl., on the brief), for appellant.

Frank A. Leffingwell, of Dallas, Tex. (Ralph W. Currie, of Dallas, Tex., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

The question presented by this appeal involves the construction of a rate schedule. Appellee, Guthrie Cotton Oil Company, ordered cars of thirty-six feet and forty feet, six inches in length, in which to ship bales of cotton linters. The railroad company furnished fifty feet cars. Appellee loaded more linters into the cars furnished than could have been loaded into the cars ordered, but did not fill the cars to full capacity. Freight charges...

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