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HUMBLE OIL & REFINING CO. v. GREAT NORTHERN RAILWAY CO.

Civ. No. 251.

212 F.Supp. 747 (1962)

HUMBLE OIL & REFINING COMPANY, a Delaware corporation (Substituted for The Carter Oil Company, a West Virginia corporation), Plaintiff, v. GREAT NORTHERN RAILWAY COMPANY, a corporation, Northern Pacific Railway Company, a corporation, and Spokane International Railroad, a corporation, Defendants.

United States District Court D. Montana, Billings Division.

December 31, 1962.

Attorney(s) appearing for the Case

Fred W. File, Tulsa, Okl., John D. Knodell, Denver, Colo., and Burke, Hibbs & Sweeney, Billings, Mont., for plaintiff.

R. Paul Tjossem, Roger J. Crosby, Seattle, Wash., and Lamey, Crowley, Kilbourne, Haughey & Hanson, Billings, Mont., for defendants.

JAMESON, District Judge.

Plaintiff seeks damages by way of reparations for alleged overcharges made by defendants in the transportation of petroleum products from East Billings, Montana, to points in Idaho and Washington between December 12, 1953 and December 8, 1955, plaintiff claiming that the rates charged were in excess of the legal tariff. Plaintiff filed overcharge claims, which were denied.1

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