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

Nos. 15611-15614.

240 F.2d 743 (1957)

NORTHWESTERN AUTO PARTS COMPANY, Appellant, v. CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, Appellee. NORTHWESTERN AUTO PARTS COMPANY, Appellant, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Appellee. NORTHWESTERN AUTO PARTS COMPANY, Appellant, v. GREAT NORTHERN RAILWAY COMPANY, Appellee. NORTHWESTERN AUTO PARTS COMPANY, Appellant, v. MINNEAPOLIS & ST. LOUIS RAILWAY COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied March 4, 1957.

Attorney(s) appearing for the Case

Sidney S. Feinberg, Minneapolis, Minn. (Robins, Davis & Lyons, Minneapolis, Minn., were with him on the brief), for appellant.

Gene F. Bennett, Minneapolis, Minn., and Harry S. Stearns, Jr., St. Paul, Minn. (Edwin C. Matthias, Anthony Kane, Robert W. Cronon, St. Paul, Minn., Richard Musenbrock, William J. Powell, L. C. Corcoran and Stuart W. Rider, Jr., Minneapolis, Minn., were with him on the brief), for appellees.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

WOODROUGH, Circuit Judge.

These actions were brought by appellant against the several named railroads, appellees herein, to recover alleged freight overcharges collected from appellant in connection with various carload shipments transported by the several carriers and delivered to the appellant at Minneapolis. Each particular appellee was sued on account of each shipment delivered by it.

The plaintiff alleged in the first count of its complaint against defendant...

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