UNITED STATES v. MISSOURI-KANSAS-TEXAS R. CO.

No. 13719.

194 F.2d 777 (1952)

UNITED STATES v. MISSOURI-KANSAS-TEXAS R. CO. et al.

United States Court of Appeals Fifth Circuit.

March 4, 1952.


Attorney(s) appearing for the Case

Hubert H. Margolies, Atty. Dept. of Justice, Washington, D. C., A. W. Christian, Asst. U. S. Atty., Frank B. Potter, U. S. Atty., Ft. Worth, Tex., for appellant.

Wm. R. McDowell, O. O. Touchstone, G. H. Penland, M. E. Clinton and Robert Thompson, all of Dallas, Tex., for appellees.

Before BORAH, RUSSELL, and RIVES, Circuit Judges.


BORAH, Circuit Judge.

The question here is one of freight rate application. More specifically, whether under the tariffs of the southwestern railroads the applicable carload rating on airplane, tank and marine internal combustion engines is 40% of first-class or 35% of first-class.

The tariffs involved are Southwestern Lines Tariff No. 252A and No. 173-O. For present purposes these tariffs may be regarded as identical in that they each contain two exceptions...

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