UNION PACIFIC R. CO. v. STRUCTURAL STEEL & FORGE CO.

No. 8785.

9 Utah 2d 318 (1959)

344 P.2d 157

UNION PACIFIC RAILROAD COMPANY, A CORPORATION, PLAINTIFF AND RESPONDENT, v. STRUCTURAL STEEL & FORGE CO., A CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

September 28, 1959.


Attorney(s) appearing for the Case

Fabian, Clendenin, Mabey, Billings & Stoddard, Albert J. Colton, Calvin L. Rampton, Salt Lake City, for appellant.

Bryan P. Leverich, M.J. Bronson, A.U. Miner, Howard F. Coray, Marvin J. Bertoch, Scott Matheson, Jr., Salt Lake City, for respondent.


McDONOUGH, Justice.

Plaintiff railroad brought an action in the district court to recover alleged undercharges on defendant's freight shipments. The original freight charges were made in accordance with an established rate tariff which granted through-shipment rates for certain types of steel goods which were to be fabricated at an intermediate point enroute and then sent on in their altered form. The tariff provided these shipments were to be billed on the same basis...

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