TEXAS REFINING CO. v. LOUISIANA & ARKANSAS RY. CO.

No. 10666.

141 F.2d 486 (1944)

TEXAS REFINING CO. v. LOUISIANA & ARKANSAS RY. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 17, 1944.


Attorney(s) appearing for the Case

Frank A. Leffingwell and Ralph W. Currie, both of Dallas, Tex., for appellant.

Charles J. Kelly, of Denver, Colo., and A. L. Burford, of Texarkana, Tex., for appellee.

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.


HOLMES, Circuit Judge.

This is a suit to recover undercharges in freight rates covering certain railway shipments made by appellant in cars furnished by appellee. The court below rendered judgment against the shipper in the amount claimed, and it has appealed.

The material facts relating to each shipment are identical. The shipper ordered from the carrier a car 40 feet, 6 inches long, 10 feet high, and 9 feet wide. The carrier had no car available answering...

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