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SOUTHWEST STONE CO. v. MISSOURI-KANSAS-TEXAS R. CO.

No. 13605.

192 F.2d 395 (1951)

SOUTHWEST STONE CO. v. MISSOURI-KANSAS-TEXAS R. CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 7, 1952.

Attorney(s) appearing for the Case

Frank A. Leffingwell, Ralph W. Currie, Dallas, Tex., for appellant.

O. O. Touchstone, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, and STRUM, Circuit Judges.

HUTCHESON, Chief Judge.

Based upon an average agreement,1 executed July 31, 1937, and the applicable tariff2 in effect in 1950, when the claims accrued, the suit was for demurrage charges on freight cars actually placed upon defendant's tracks, for loading by defendant, at its plant at Stringtown, Oklahoma.

Plaintiff's claim was: that in no instance did the defendant, at the time it ordered the cars...

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