CHICAGO & E. I. R. CO. v. MIDWEST HOMES, INCORPORATED

No. 15600.

371 F.2d 300 (1967)

CHICAGO & EASTERN ILLINOIS RAILROAD COMPANY, Plaintiff-Appellant, v. MIDWEST HOMES, INCORPORATED, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

January 4, 1967.


Attorney(s) appearing for the Case

Walter D. Cummings, Patrick C. Mullen, Chicago Heights, Ill., for appellant.

Wendell Tennis, Sullivan, Ind., Robert S. Ratcliffe, Terre Haute, Ind., for appellee.

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


KNOCH, Circuit Judge.

The plaintiff, Chicago and Eastern Illinois Railroad Company, brought suit as a common carrier to recover alleged undercharges from the defendant-shipper, Midwest Homes, Incorporated, under authority of Title 49 U.S.C. § 1 and Title 28 U.S.C. § 1337.

The defendant manufactures sections of houses on a production line basis which are shipped for assembly on the construction site.

Seventy-one such sections were shipped...

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