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  5. 41 N.W.2d 676 (1950)
 

COON VALLEY GRAVEL CO. v. CHICAGO, R. I. & P. R. CO.

No. 47510.

41 N.W.2d 676 (1950)

COON VALLEY GRAVEL CO. v. CHICAGO, R. I. & P. R. CO.

Supreme Court of Iowa.

March 7, 1950.

Attorney(s) appearing for the Case

Abramson & Myers, Des Moines, for appellant.

R. L. Read and B. A. Webster, Jr., of Des Moines, for appellee.

HAYS, Justice.

The material facts as stipulated are: In 1945 plaintiff shipped 106 carloads of sand and gravel over defendant's line to industries thereon but within the Des Moines switching area. Each car weighed in excess of 115,000 pounds and was hauled a distance in excess of three miles but less than five miles. For this service plaintiff paid to defendant at the rate of 1-3/4 cents per hundred pounds actual weight, the sum of $2,311.26 plus tax of $69.43.

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