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LONG BEACH BANANA DIST. v. ATCHISON, T. & S. F. RY. CO.

Nos. 21345, 21345-A, 21345-B.

407 F.2d 1173 (1969)

LONG BEACH BANANA DISTRIBUTORS, INC., a California corporation, et al., Appellants, v. The ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Appellee. CONSOLIDATED PRODUCE CO., a California corporation, et al., Appellants, v. PACIFIC ELECTRIC RAILWAY CO., Appellee. Eugene NELLA, Sam Cancilla and Diego Cancilla, dba Banana King, etc., et al., Appellants, v. SOUTHERN PACIFIC COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

February 6, 1969.

Attorney(s) appearing for the Case

Victor O. Geretz, (argued) of Hertzberg & Geretz, Jack Oliver Goldsmith, Los Angeles, Cal., for appellants.

Frederic H. Sturdy, (argued) of Gibson, Dunn & Crutcher, John J. Balluff, Matthew H. Witteman, Los Angeles, Cal., for appellees.

Before CHAMBERS, BARNES, HAMLEY, MERRILL, KOELSCH, BROWNING, DUNIWAY, ELY, CARTER and HUFSTEDLER, Circuit Judges.

HAMLEY, Circuit Judge:

In the above-entitled actions, consolidated for trial and appeal, plaintiff banana wholesalers seek the refund of part of the freight charges collected by defendant railroads on the rail movement of bananas wholly within California. The railroads had charged freight rates stated in tariffs filed with the Interstate Commerce Commission, whereas plaintiffs assert that the lower California intrastate rates should have been collected. A summary...

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