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KEELER CO. v. ATCHISON, T. & S.F. RLY. CO.

No. 41,807

187 Kan. 125 (1960)

354 P.2d 368

THE WALT KEELER COMPANY, INC., a Corporation, Appellee, v. THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a Corporation, Appellant.

Supreme Court of Kansas.

Opinion filed July 22, 1960.

Attorney(s) appearing for the Case

W.E. Treadway, of Topeka, argued the cause, and C.J. Putt and J.B. Reeves, both of Topeka, were with him on the briefs for the appellant.

J. Francis Hesse, of Wichita, argued the cause, and Emmet A. Blaes, Roetzel Jochems, Robert G. Braden, James W. Sargent, Stanley E. Wisdom, Vincent L. Bogart, Cecil E. Merkel, John W. Brimer, and Harry L. Hobson, all of Wichita, were with him on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

The Keeler Company sued the Santa Fe Railroad to recover back $34,194.80 claimed to have been overpaid between 1951 and 1955 under charges for car rental prescribed in the railroad's tariff circular on record with the state corporation commission.

The trial court entered a general judgment in Keeler's favor, the railroad filed a motion for new trial, which was overruled, and the railroad appealed...

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