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FORT WORTH & DENVER CITY RY. CO. v. CHILDRESS COTTON OIL CO.

No. 10545.

141 F.2d 558 (1944)

FORT WORTH & DENVER CITY RY. CO. v. CHILDRESS COTTON OIL CO.

Circuit Court of Appeals, Fifth Circuit.

March 21, 1944.

Attorney(s) appearing for the Case

Charles J. Kelly, of Denver, Colo., and Fred L. Wallace, of Fort Worth, Tex., for appellant.

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

Before HUTCHESON, HOLMES, and LEE, Circuit Judges.

PER CURIAM.

Brought by the Fort Worth & Denver City Railway Company, the suit was for undercharges on a shipment of cotton linters transported in a car fifty feet long from Childress, Texas, on September 29, 1939, to Naperville, Illinois. The applicable tariff governing the respective rights of the parties is Section 3(a) of Rule 34 of the Consolidated Freight Classification No. 13, which reads as follows: "If carrier has been unable or finds that it will be unable...

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