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ATCHISON, TOPEKA & SANTA FE RY. CO. v. JOHN SEXTON & CO.

Civ. A. No. T-4922.

339 F.Supp. 1202 (1972)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Plaintiff, v. JOHN SEXTON & COMPANY, a Division of Beatrice Foods Company, a corporation, Defendant.

United States District Court, D. Kansas.

February 17, 1972.

Attorney(s) appearing for the Case

J. B. Reeves, Topeka, Kan., for plaintiff.

Joseph McDowell, Robert S. Lemon, Kansas City, Kan., for defendant.

MEMORANDUM OF DECISION

TEMPLAR, District Judge.

This is another dispute between a shipper and a carrier over the applicable rate to be charged for goods shipped. As often happens, this case did not arise from a dispute between the parties but when the Western Weighing & Inspection Bureau informed the carrier that the shipper had not complied with the tariffs, and, therefore, was not eligible for the lower "through" or "in-transit" rate but must pay the...

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