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FAWLEY MOTOR LINES v. CAVALIER POULTRY CORP.

No. 7155.

235 F.2d 416 (1956)

FAWLEY MOTOR LINES, Incorporated, Appellant and Cross-Appellee, v. CAVALIER POULTRY CORPORATION, Appellee and Cross-Appellant.

United States Court of Appeals Fourth Circuit.

Decided June 21, 1956.

Attorney(s) appearing for the Case

Donald Cefaratti, Jr., Washington, D. C. (W. Edwin Cumberland, Washington, D. C., and W. W. Wharton, Harrisonburg, Va., on brief), for appellant and cross-appellee.

Robert J. Corber, Arlington, Va. (Steptoe & Johnson, Clarksburg, W. Va., on brief), for appellee and cross-appellant.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

These are appeals from a judgment in an action to recover excess freight charges collected by a motor carrier. The case was heard by the District Judge on a motion for summary judgment and a stipulation of facts by the parties. Judgment was rendered for the amount claimed without interest prior to judgment. Defendant has appealed from the judgment and plaintiff from the refusal to include therein interest on the excess charges from the time collected...

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