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MISSOURI PACIFIC RAILROAD CO. v. HEART OF AMERICA SHIPPERS ASSOCIATION, INC.

No. 73-1295.

490 F.2d 919 (1973)

MISSOURI PACIFIC RAILROAD CO., Appellee, v. HEART OF AMERICA SHIPPERS ASSOCIATION, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 11, 1973.

Attorney(s) appearing for the Case

Ronald N. Cobert, Washington, D. C., for appellant.

Kent Snapp, Kansas City, Mo., for appellee.

Before LAY and HEANEY, Circuit Judges, and HARPER, Senior District Judge.

PER CURIAM.

Defendant, Heart of America Shippers Association, Inc., a nonprofit shipper's association, appeals from a judgment of $125,112.93 which allegedly accrued for tariff undercharges due the Missouri Pacific Railroad Co. for the movement of trailers in piggy-back service. Jurisdiction is premised under 49 U.S.C. §§ 6(1)-(11) and 28 U.S.C. § 1337. The case was tried to the district court and the district judge found against the defendant shipper...

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