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SOUTHERN RAILWAY COMPANY v. CHAMPION PAPERS, INC.

No. 13996.

427 F.2d 155 (1970)

SOUTHERN RAILWAY COMPANY, Appellee, v. CHAMPION PAPERS, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 3, 1970.

Attorney(s) appearing for the Case

Bryce Rea, Jr., Washington, D. C. (Rea, Cross & Knebel, Washington, D. C., on brief), for appellant.

Harold K. Bennett, Asheville, N. C. (W. T. Joyner, Raleigh, N. C., Duncan B. Phillips, Washington, D. C., and Bennett, Kelly & Long, Asheville, N. C., on brief), for appellee.

Before SOBELOFF, WINTER and BUTZNER, Circuit Judges.

PER CURIAM.

This is a dispute between Southern Railway and Champion Papers over a sum claimed by the railroad for services rendered between November 1964 and March 1966. At that time the railway had a tariff on file with the ICC which provided for two different rates. The more expensive rate, known as the "Single Car Rate" was subject to regular demurrage or detention rules. These rules afforded a consignee up to forty-eight hours to unload without charge after delivery...

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