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J. V. McNICHOLAS TRANSFER CO. v. PENNSYLVANIA R. CO.

No. 10130.

154 F.2d 265 (1946)

J. V. McNICHOLAS TRANSFER CO. v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Sixth Circuit.

March 18, 1946.

Attorney(s) appearing for the Case

David C. Haynes, of Youngstown, Ohio, for appellant.

Norman A. Emery, of Harrington, Huxley & Smith, all of Youngstown, Ohio, for appellee.

Before HICKS, ALLEN, and MARTIN, Circuit Judges.

HICKS, Circuit Judge.

The Pennsylvania Railroad Company, appellee, a common carrier of freight and passengers, had a freight station at Youngstown, Ohio. Appellant, J. V. McNicholas Transfer Company of Youngstown, did a general cartage business by means of motor trucks. On January 14, 1943, appellant, herein called the Trucker, and appellee, herein called the Railroad, entered into a contract in writing wherein the Trucker agreed to transport freight in less than...

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