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MONTGOMERY WARD AND CO. v. ROY STONE TRANSFER CORP.

No. 9217.

329 F.2d 172 (1964)

MONTGOMERY WARD AND COMPANY, Appellee, v. ROY STONE TRANSFER CORPORATION, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 11, 1964.

Attorney(s) appearing for the Case

Spencer T. Money, Washington, D. C. (M. Harrison Joyce and Joyce & Stone, Martinsville, Va., on brief), for appellant.

John Douglas Clark, Falls Church, Va. (Dalton, Poff & Turk, Radford, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and J. SPENCER BELL, Circuit Judges.

SOBELOFF, Chief Judge.

The issue presented by this appeal is whether in this case the Interstate Commerce Commission, rather than the District Court, has primary jurisdiction to determine the meaning of a disputed tariff.

Over a period of time the Roy Stone Transfer Corporation carried furniture shipped from points in Virginia to Montgomery Ward stores in the South. For these shipments, the Transfer company charged the rate prescribed in a tariff designated...

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