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UPJOHN COMPANY v. PENNSYLVANIA RAILROAD COMPANY

No. 17107.

381 F.2d 4 (1967)

The UPJOHN COMPANY, Plaintiff-Appellant, v. PENNSYLVANIA RAILROAD COMPANY, and Missouri-Kansas-Texas Railroad Company, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

July 31, 1967.

Attorney(s) appearing for the Case

George S. Dixon, Detroit, Mich., for appellant, Matheson, Dixon & Bieneman, Detroit, Mich., of counsel.

Edward R. Gustafson, Chicago, Ill., for appellees, William A. Thie, Dallas, Tex., on the brief, Uhl, Bryant, Wheeler & Upham, Grand Rapids, Mich., of counsel.

Before CELEBREZZE and PECK, Circuit Judges, and McALLISTER, Senior Circuit Judge.

CELEBREZZE, Circuit Judge.

This is an appeal from an Order of the District Court granting judgment of no cause of action to Defendants-Appellees.

The action was filed under 49 U.S.C., Section 16(2) for enforcement of a reparation Order of the Interstate Commerce Commission. In January, 1955, Plaintiff-Appellant filed a complaint before the Interstate Commerce Commission claiming it had been over-charged for the shipment of certain drugs. The Commission denied...

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