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NEW PROCESS GEAR CORP. v. NEW YORK CENTRAL R. CO.

No. 41, Docket 24532.

250 F.2d 569 (1957)

NEW PROCESS GEAR CORPORATION, Plaintiff-Appellee, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 8, 1957.

Rehearing Denied January 15, 1958.

Attorney(s) appearing for the Case

Harry Teichner, Brooklyn, N. Y., for plaintiff-appellee.

Gerald E. Dwyer, New York City (J. Edgar McDonald, New York City, on the brief), for defendant-appellant.

Before CLARK, Chief Judge, and LUMBARD and MOORE, Circuit Judges.

MOORE, Circuit Judge.

This is an appeal by the defendant, The New York Central Railroad Company (referred to as the "Railroad") from a final judgment of $11,502.42 in favor of the plaintiff, the New Process Gear Corporation (referred to as "New Process") in an action to enforce an order of the Interstate Commerce Commission (referred to as the "Commission") awarding reparation to New Process in the sum of $6,550.81 for alleged overpayments on freight shipments made...

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