MOGIS v. LYMAN-RICHEY SAND & GRAVEL CORP.

No. 14182.

189 F.2d 130 (1951)

MOGIS v. LYMAN-RICHEY SAND & GRAVEL CORP.

United States Court of Appeals Eighth Circuit.

May 18, 1951.


Attorney(s) appearing for the Case

Einar Viren, Omaha, Neb. (Swenson, Viren & Turner, Omaha, Neb., on the brief), for appellant.

Leo Eisenstatt and Yale C. Holland, Omaha, Neb. (Kennedy, Holland, DeLacy & Svoboda, Omaha, Neb., on the brief), for appellee.

Before COLLET and STONE, Circuit Judges, and DELEHANT, District Judge.


DELEHANT, District Judge.

This action is before the court on an agreed statement of the case as provided by Rule 76 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

Appellant, plaintiff (who will hereinafter be referred to as plaintiff), brought the action in the district court both for himself, in respect of operations by him, as a motor carrier, and as the assignee of eight other motor carriers of certain commodities to collect undercharges allegedly...

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