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EATON MANUFACTURING COMPANY v. CHICAGO EXPRESS, INC.

No. 12890.

279 F.2d 341 (1960)

EATON MANUFACTURING COMPANY, Plaintiff-Appellant, v. CHICAGO EXPRESS, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 18, 1960.

Attorney(s) appearing for the Case

Willis Crane, Chicago, Ill., for appellant.

Arnold L. Burke, Carl L. Steiner, Chicago, Ill. (Axelrod, Goodman & Steiner, Chicago, Ill., of counsel), for defendant-appellee, Chicago Express, Inc.

Before HASTINGS, Chief Judge, and DUFFY and KNOCH, Circuit Judges.

DUFFY, Circuit Judge.

Eaton Manufacturing Company (Eaton) seeks in this suit, to recover alleged overcharges assessed by Chicago Express, Inc. for the transportation of automobile heater parts. Defendant is a common carrier by motor vehicle. The shipments in question were from the State of New York, consigned to plaintiff at Cleveland, Ohio, and moved during the period from May 25, 1948 to April 29, 1950.

In November, 1952, various shippers, including Eaton...

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