NORTON v. N. B. FAIRCLOUGH, INC.

Civil Action No. 3548.

72 F.Supp. 308 (1945)

NORTON v. N. B. FAIRCLOUGH, Inc.

District Court, D. New Jersey.

March 13, 1945.


Attorney(s) appearing for the Case

Hobart, Minard & Cooper, of Newark, N. J., for plaintiff.

Charles Halsted, of Paterson, N. J., for defendant.


SMITH, District Judge.

This is a civil action for the recovery of demurrage charges assessed against the defendant under Freight Tariff No. 4W — I.C.C. 3722, and Freight Tariff No. 4X — I.C.C. 3815, pursuant to an "average demurrage agreement." The action is before the Court at this time on a motion for summary judgment filed by the plaintiff pursuant to rule 56, Rules of Civil Procedure, 28 U.S. C.A. following section 723c, and is submitted on the pleadings...

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