EMPIRE BOX CORPORATION v. DELAWARE, L. & W. R. CO.

No. 63, Docket 21092.

171 F.2d 389 (1948)

EMPIRE BOX CORPORATION OF STROUDSBURG v. DELAWARE, L. & W. R. CO.

United States Court of Appeals Second Circuit.

December 3, 1948.


Attorney(s) appearing for the Case

Rowland L. Davis, Jr., of New York City, for appellant.

Benjamin Feldstein, of New York City, for appellee.

Before L. HAND, Chief Judge, and AUGUSTUS N. HAND, and CLARK, Circuit Judges.


L. HAND, Chief Judge.

This is an appeal from a judgment for the plaintiff in an action to recover charges paid to the railroad for the "constructive placement" upon its tracks of loaded freight cars at the plaintiff's request. The facts are stated fully and accurately in the memorandum of the district court:

"Plaintiff's paper mill at Stroudsburg, Pennsylvania, had its own private side track, with a capacity of 5 or 6 cars. Cars consigned to plaintiff were...

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