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UNITED STATES SUGAR CORP. v. ATLANTIC COAST LINE R. CO.

No. 13799.

196 F.2d 1015 (1952)

UNITED STATES SUGAR CORP. v. ATLANTIC COAST LINE R. CO.

United States Court of Appeals Fifth Circuit.

May 20, 1952.

Attorney(s) appearing for the Case

F. C. Hillyer, Jacksonville, Fla., for appellant.

V. E. Phelps, Wilmington, N. C., Parker Holt, James A. Franklin, Fort Myers, Fla., for appellee.

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

STRUM, Circuit Judge.

This appeal is from an order striking certain defenses of the Sugar Company in an action against it by Atlantic Coast Line Railroad Company to recover alleged undercharges on intrastate shipments of sugar cane over the lines of plaintiff Railroad Company in Florida.

The Sugar Company paid freight charges based on carload minimum weights of 36,000 and 38,000 pounds, depending upon the season when the shipments were made. The Railroad Company...

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