FLEMING & SONS v. GULF, C. & S. F. RY. CO.

No. 13041.

187 F.2d 536 (1951)

FLEMING & SONS, Inc., v. GULF, C. & S. F. RY. CO.

United States Court of Appeals Fifth Circuit.

March 6, 1951.


Attorney(s) appearing for the Case

Frank A. Leffingwell, Dallas, Tex., for appellant.

Robert W. Alexander, Galveston, Tex., Charles K. Bullard, Dallas, Tex., for appellee.

Before HOLMES and RUSSELL, Circuit Judges, and DOOLEY, District Judge.


RUSSELL, Circuit Judge.

Appellant shipped to its consignee at Charlestown, West Virginia, two carloads of building paper and paid the freight rates thereon as computed and charged by the carrier. Upon the basis of a claim thereafter made that an excessive rate had been charged, a refund was made by the initial carrier as to each shipment upon the basis of the rate claimed by the shipper. Thereafter the carrier instituted the present suit to recover the difference...

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