A. E. WEST PETROLEUM CO. v. ATCHISON, T. & S. F. RY. CO.

No. 14746.

212 F.2d 812 (1954)

A. E. WEST PETROLEUM CO. v. ATCHISON, T. & S. F. RY. CO. et al.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied June 15, 1954.


Attorney(s) appearing for the Case

George L. Gisler, Kansas City, Mo. (Lee Reeder, Lewis A. Dysart and Reeder, Gisler & Griffin, Kansas City, Mo., on the brief), for appellant.

S. R. Brittingham, Jr., Chicago, Ill. (Robert L. Hecker and Henry W. Fox, Kansas City, Mo., on the brief), for appellees.

Before GARDNER, Chief Judge, and STONE and THOMAS, Circuit Judges.


STONE, Circuit Judge.

This is an appeal by the A. E. West Petroleum Company (a corporation) from a judgment dismissing its action against the several appellee railroads to recover the amounts of freight overcharge reparation payments ordered by the Interstate Commerce Commission, Federal transportation taxes paid by appellant upon the overcharges, and attorney fees. The broad issue is the applicability of an intermediate-point rate, as construed by the Commission...

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