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CIMORELLI v. NEW YORK CENT. R. CO.

No. 9894.

148 F.2d 575 (1945)

CIMORELLI v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, Sixth Circuit.

April 9, 1945.

Attorney(s) appearing for the Case

Marvin C. Harrison, of Cleveland, Ohio, and Joseph E. Pilmer, of Ashtabula, Ohio, for appellant.

C. M. Horn, of Cleveland, Ohio (C. M. Horn and McKeehan, Merrick, Arter & Stewart, all of Cleveland, Ohio, on the brief), for appellee.

Before ALLEN, HAMILTON, and McALLISTER, Circuit Judges.

HAMILTON, Circuit Judge.

Appellee is a common carrier engaged in the transportation of freight in interstate commerce.

On May 15, 1942, pursuant to Section 22 of the Interstate Commerce Act, 49 U. S.C.A. § 22, the United States entered into a contract with appellee whereby the latter agreed to equip, maintain and operate in its yards at Dock Junction, Pennsylvania, a temporary storage place for war materiel in transit. The materiel was to be unloaded...

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