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BERNSTEIN BROS. PIPE & MACH. CO. v. DENVER & R. G. W. R. CO.

No. 4340.

193 F.2d 441 (1951)

BERNSTEIN BROS. PIPE & MACHINERY CO. v. DENVER & R. G. W. R. CO.

United States Court of Appeals Tenth Circuit.

December 18, 1951.

Attorney(s) appearing for the Case

Albert L. Vogl, Denver, Colo. (Carle Whitehead, Denver, Colo., was with him on the brief), for appellant.

William G. Prescott, Denver, Colo. (Thomas R. Woodrow, Denver, Colo., was with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and PICKETT, Circuit Judges.

PHILLIPS, Chief Judge.

The Denver and Rio Grande Western Railroad Company1 brought this action against Bernstein Bros. Pipe & Machinery Company2 to recover $259.21 additional transportation charges and Federal transportation tax on two carloads of devices shipped from Middletown, Pennsylvania, to Pueblo, Colorado.

The complaint alleged that the applicable...

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