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PACIFIC PORTLAND CEMENT CO. v. WESTERN PAC. R. CO.

Nos. 12327, 12328.

184 F.2d 34 (1950)

PACIFIC PORTLAND CEMENT CO. v. WESTERN PAC. R. CO.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 9, 1950.

Writ of Certiorari Denied December 11, 1950.

Attorney(s) appearing for the Case

Marshall P. Madison, Eugene Prince, Eugene D. Bennett, Francis R. Kirkham, James Michael, all of San Francisco, Cal. (Pillsbury, Madison & Sutro, San Francisco, Cal., of counsel), for appellant.

C. W. Dooling and E. L. Van Dellen, San Francisco, Cal., for appellee.

Before MATHEWS, ORR and LINDLEY, Circuit Judges.

Writ of Certiorari Denied December 11, 1950. See 71 S.Ct. 282.

ORR, Circuit Judge.

Appellee received judgments in the district court for demurrage charges alleged to have accrued on cars furnished appellant to make shipments of gypsum products. From 1924 through the two-year period covered by this suit, ending in December 1946, appellant operated a gypsum plant situate approximately five miles south of Gerlach, Nevada, a station on appellee's main line between...

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