Order entered February 9, 1965, granting plaintiff's motion for summary judgment and for the appointment of a Referee to assess damages, unanimously modified, on the law and the facts and in the exercise of discretion, to the extent of directing the Referee to hear and report instead of determine, and, as so modified, the order is affirmed, with $30 costs and disbursements to plaintiff-respondent.
In this action against an interstate carrier to recover alleged overcharges...
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