UTAH POULTRY PRODUCERS CO-OP. v. UNION PAC. R. CO.

No. 3069.

147 F.2d 975 (1945)

UTAH POULTRY PRODUCERS CO-OP. v. UNION PAC. R. CO.

Circuit Court of Appeals, Tenth Circuit.

March 7, 1945.


Attorney(s) appearing for the Case

Elias Hansen, of Salt Lake City, Utah (Harry D. Pugsley, of Salt Lake City, Utah, on the brief), for appellant.

W. Hal Farr, of Salt Lake City, Utah (H. B. Thompson, Robt. B. Porter, and Bryan P. Leverich, all of Salt Lake City, Utah, on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.


HUXMAN, Circuit Judge.

This action was brought by the Union Pacific Railroad Company1 against the Utah Poultry Producers Association2 to recover for freight under-charges. Judgment was entered for the Railroad and the Association has appealed. The decision turns upon an interpretation of Union Pacific Tariff No. 7183, I.C.C. No. 4549. The facts are these:

The Association is engaged in business in Salt...

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