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S. PATTI CONST. CO., INC. v. UNION PAC. R. CO.

Nos. 13719, 13720.

170 F.2d 634 (1948)

S. PATTI CONST. CO., Inc. v. UNION PAC. R. CO.

United States Court of Appeals Eighth Circuit.

November 15, 1948.

Attorney(s) appearing for the Case

A. E. Bazan, of Kansas City, Mo., for appellant.

Louis L. Poplinger, of Kansas City, Mo. (Watson, Ess, Barnett, Whittaker & Marshall, of Kansas City, Mo., on the brief), for appellee.

Before SANBORN, THOMAS and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

S. Patti Construction Co., claiming that freight overcharges had been made against it on 20 carloads of lumber, shipped from Oregon to Kansas, during 1944, sued Union Pacific Railroad Co. in two actions for reparations. The District Court gave summary judgment for Union Pacific, and Patti has appealed. The two actions were consolidated for hearing below and have been similarly consolidated here.

The parties agree that the situation...

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