MOGIS v. LYMAN-RICHEY SAND & GRAVEL CORPORATION

Civ. No. 126-49.

90 F.Supp. 251 (1950)

MOGIS v. LYMAN-RICHEY SAND & GRAVEL CORPORATION.

United States District Court, D. Nebraska, Omaha Division.

May 15, 1950.


Attorney(s) appearing for the Case

Swenson, Viren & Turner, (Robert W. Turner) Omaha, Neb., for plaintiff.

Kennedy, Holland DeLacy & Svoboda, (Yale Holland) Omaha, Neb., for defendant.


DONOHOE, Chief Judge.

This is an action to recover certain undercharges arising by reason of the fact that the plaintiff was not paid rates consonant with those promulgated by the Nebraska State Railway Commission. The Commission derives its authority to regulate such rates from the following legislative provision: "The State Railway Commission is vested with power and authority to, and it shall be its duty to make investigations, hold hearings, and prescribe reasonable...

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