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PORTO TRANSPORT, INC. v. CONSOLIDATED DIESEL ELEC. CORP.

189 F.Supp. 8 (1960)

PORTO TRANSPORT, INCORPORATED, Plaintiff, v. CONSOLIDATED DIESEL ELECTRIC CORPORATION and Eur-Pac Corporation, Defendants.

United States District Court S. D. New York.

November 25, 1960.

Attorney(s) appearing for the Case

Joseph M. Cohen, New York City, for plaintiff.

Hays, Algase, Feuer, Porter & Spanier, New York City (Mortimer Feuer and Martin Mensch, New York City, of counsel), for defendant Consolidated Diesel Electric Corp.

Sturm & Perl, New York City (Abraham Fishbein, New York City, of counsel), for defendant Eur-Pac Corp.

FRIENDLY, Circuit Judge.

This is an action by Porto Transport, Inc., a common carrier by motor truck engaged in interstate commerce, to recover from the defendants amounts allegedly owing as additional freight for the transportation of certain articles claimed to have been erroneously classified in violation of Part II of the Interstate Commerce Act, §§ 216, 217, 49 U.S. C.A. §§ 316, 317. Plaintiff moved for referral of the issue of proper classification...

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