NORTHWESTERN AUTO PARTS CO. v. CHICAGO, B. & Q. R. CO.

Civ. Nos. 5027-5030.

139 F.Supp. 521 (1956)

NORTHWESTERN AUTO PARTS CO., a corporation, Plaintiff, v. CHICAGO, BURLINGTON & QUINCY RAILROAD CO., a corporation, Defendant. NORTHWESTERN AUTO PARTS CO., a corporation, Plaintiff, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD CO., a corporation, Defendant. NORTHWESTERN AUTO PARTS CO., a corporation, Plaintiff, v. GREAT NORTHERN RAILWAY CO., a corporation, Defendant. NORTHWESTERN AUTO PARTS CO., a corporation, Plaintiff, v. The MINNEAPOLIS & ST. LOUIS RAILWAY CO., a corporation, Defendant.

United States District Court D. Minnesota, Fourth Division.

April 12, 1956.


Attorney(s) appearing for the Case

Sidney S. Feinberg, Robins, Davis & Lyons, Minneapolis, Minn., for plaintiff.

Harry S. Stearns, Jr., St. Paul, Minn., for defendant Chicago, B. & Q. R. Co.

R. W. Cronon, Edwin C. Matthias and Anthony Kane, St. Paul, Minn., for defendant Great Northern R. Co.

L. C. Corcoran, Minneapolis, Minn., for defendant M. & St. L. R. Co.

G. F. Bennett, Minneapolis, Minn., for defendant Chicago, M., St. P. & P. R. Co.


DEVITT, District Judge.

This is an action brought by a shipper against four railroads to recover alleged excessive freight rates paid. The facts have been stipulated. Defendants move for summary judgment.

Plaintiff is engaged in the business of acquiring, reconditioning, rebuilding and marketing used automotive parts. From October, 1953 to April 1954, plaintiff consigned and shipped to itself in Minneapolis, Minnesota, 28 carloads of obsolete vehicle parts...

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