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SOUTHERN RY. CO. v. ALUMINUM CO. OF AMERICA

No. 11800.

210 F.2d 139 (1954)

SOUTHERN RY. CO. v. ALUMINUM CO. OF AMERICA.

United States Court of Appeals Sixth Circuit.

February 10, 1954.

Attorney(s) appearing for the Case

Clyde W. Key, Knoxville, Tenn., Charles H. Smith, Knoxville, Tenn., Charles M. Little, Washington, D. C., on brief, for appellant.

R. R. Kramer, Knoxville, Tenn., John S. Burchmore, Chicago, Ill., W. W. Collin, Jr., Pittsburgh, Pa., Charles E. McNabb, Knoxville, Tenn., on brief, for appellee.

Edward M. Reidy, W. W. Peck, Washington, D. C., on brief amici curiæ Interstate Commerce Commission.

Before SIMONS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.

PER CURIAM.

The Southern Railway Company sued the Aluminum Company of America for demurrage charges amounting to $99,499.96 and interest covering the period from April 1, 1945, to October 31, 1946. The district court dismissed the complaint and the Railway Company appeals.

The Aluminum Company of America commenced its operations at Alcoa, Tennessee, in 1913, where it now owns and operates aluminum reduction and fabricating...

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