CORNELI SEED CO. v. UNION PACIFIC RAILROAD CO.

No. 16108.

263 F.2d 127 (1958)

CORNELI SEED COMPANY, a corporation, Appellant, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

December 29, 1958.


Attorney(s) appearing for the Case

Greensfelder, Hemker & Wiese, Forrest M. Hemker, St. Louis, Mo., for appellant.

Bryan P. Leverich, Salt Lake City, Utah, L. H. Anderson, E. C. Phoenix, D. A. Bybee, Pocatello, Idaho, for appellee.

Before ORR, CHAMBERS and HAMLIN, Circuit Judges.


ORR, Circuit Judge.

Appellant is in the business of processing and wholesaling seeds. It purchases from growers in the Pacific Coast States and Idaho, and then ships via appellee and its connecting carriers to Twin Falls, Idaho where the seeds are stopped in transit for processing before being reshipped to points in the east and mid-west. The tariff rate approved by the Interstate Commerce Commission on such shipments is less than the combination of local rates from...

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