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SOUTHERN PACIFIC CO. v. BROWN, ALCANTAR & BROWN, INC.

No. 25580.

409 F.2d 1331 (1969)

SOUTHERN PACIFIC COMPANY, Appellant, v. BROWN, ALCANTAR & BROWN, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

April 15, 1969.

Attorney(s) appearing for the Case

William J. Derrick, El Paso, Tex., for appellant.

R. Caballero, Asst. U. S. Atty., Don Studdard, El Paso, Tex., for appellees.

Before RIVES and DYER, Circuit Judges, and MEHRTENS, District Judge.

DYER, Circuit Judge:

We granted South Pacific leave to file a second petition for rehearing in this case because, for the first time, it extrapolated a definition of the term "diversion or reconsignment" in a freight tariff, which authorizes a reconsignment after the shipment reaches a destination,1 and called our attention to the significant fact that Southern Pacific applied a through rate from the initial point to that of final delivery...

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