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MARVIN BROWN, INC. v. MISSOURI-KANSAS-TEXAS R. CO.

No. 12471.

256 S.W.2d 135 (1953)

MARVIN BROWN, Inc. v. MISSOURI-KANSAS-TEXAS R. CO. OF TEXAS.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied March 19, 1953.

Attorney(s) appearing for the Case

Joe G. Fender, Cyril J. Smith, of Houston, for appellant.

Vinson, Elkins & Weems, C. E. Bryson, Ben H. Rice, III, of Houston, for appellee.

CODY, Justice.

This is a suit for overcharges on shipments of 35 carloads of cement, which were moved during the months of August and September, 1949, from the plant of the Ideal Cement Company in Houston, to Dumont. The waybill covering each shipment showed that Ideal Cement Company (which during some of the earlier shipments had a different name) was the consignor, and that Marvin Brown, Inc. was the consignee. Dumont is the railroad tariff name of the municipality...

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