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PENN CENTRAL COMPANY v. GENERAL MILLS, INC.

No. 20459.

439 F.2d 1338 (1971)

PENN CENTRAL COMPANY, Appellee, v. GENERAL MILLS, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

March 25, 1971.

Attorney(s) appearing for the Case

Elmer H. Atchley, David C. Priebe, Minneapolis, Minn., for appellant.

Harry S. Stearns, Jr., of Stearns, Goetteman & Narveson, Saint Paul, Minn., for appellee.

Before MEHAFFY and ROSS, Circuit Judges, and STEPHENSON, Chief District Judge.

ROSS, Circuit Judge.

This action was brought in the United States District Court for the District of Minnesota by Penn Central Company against General Mills, Inc., to recover freight charges under and pursuant to the Interstate Commerce Act. As a civil action arising under an act of Congress regulating commerce, jurisdiction is properly based on 28 U.S.C. § 1337. From a judgment for the plaintiff, defendant appeals. We affirm.

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