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CHESAPEAKE & O. RY. CO. v. INTERNATIONAL HARVESTER CO.

No. 12736.

272 F.2d 139 (1959)

CHESAPEAKE AND OHIO RAILWAY COMPANY, Louisville & Nashville Railroad Company, The New York Central Railway Company, Norfolk and Western Railway, The Pennsylvania Railroad Company, and The Virginian Railway Company, Plaintiffs-Appellants, v. INTERNATIONAL HARVESTER COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 3, 1959.

Attorney(s) appearing for the Case

Edward R. Gustafson, Chicago, Ill., Robert H. Pratt, Richmond, Va., Daniel J. Sweeney, Chicago, Ill., for plaintiffs-appellants.

Irvin R. McClellan, Chicago, Ill., for appellee.

Before DUFFY and CASTLE, Circuit Judges, and MERCER, District Judge.

CASTLE, Circuit Judge.

The plaintiffs-appellants1 brought suit in the District Court seeking to recover from International Harvester Company, defendant-appellee, the difference between charges paid by defendant for transportation services and charges claimed by plaintiffs under their published tariffs. The complaint alleged that the action arose under the Interstate Commerce Act, 49 U.S.C.A. §§ 3(2) and 6(7) and that jurisdiction...

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