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AMERICAN CRYSTAL SUGAR CO. v. GREAT NORTHERN RY. CO.

Civ. No. 5660.

168 F.Supp. 80 (1958)

AMERICAN CRYSTAL SUGAR COMPANY, a New Jersey corporation, Plaintiff, v. GREAT NORTHERN RAILWAY COMPANY, a Minnesota corporation, Defendant.

United States District Court D. Colorado.

November 14, 1958.

Attorney(s) appearing for the Case

Lewis, Grant & Davis, Donald W. Hoagland and Louis A. Harris, Denver, Colo., for plaintiff.

J. C. Street, W. L. Peck, Denver, Colo., and Elmer B. Trousdale, St. Paul, Minn., for defendant.

ALFRED A. ARRAJ, District Judge.

This case is before the Court on motions for summary judgment filed by each of the parties. The undisputed facts are as follows:

Plaintiff operates several sugar factories in Minnesota and defendant transports freight in Minnesota as a common carrier. In 1952 the Interstate Commerce Commission, by Ex parte 175, allowed common carriers of freight by railroad to increase their freight rates on interstate traffic generally by...

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