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OVERNITE TRANSPORTATION COMPANY v. WOODFIN

85 S.E.2d 217 (1955)

196 Va. 747

OVERNITE TRANSPORTATION COMPANY v. L. M. WOODFIN et al., Partners Trading as Woodfin Brothers.

Supreme Court of Appeals of Virginia.

January 17, 1955.

Attorney(s) appearing for the Case

Shewmake, Gary, Goddin & Blackwell, Richmond, for appellant.

E. Neil Rogers, Richmond, S. W. Shelton, Hanover, for appellees.

Before SPRATLEY, BUCHANAN, MILLER and SMITH, JJ.

BUCHANAN, Justice.

Overnite Transportation Company, complainant, brought this suit in equity to enjoin Woodfin Brothers, a partnership, herein called defendant, from transporting property at a less freight rate than a common carrier was allowed to charge, and from carrying any goods for hire between Richmond and Danville at a rate less than that prescribed in Overnite's tariffs. The defendant filed a demurrer to the bill and also an answer which denied its allegations...

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