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CHICAGO & N. W. RY. CO. v. AFRAM BROTHERS CO.

No. 374.

68 Wis.2d 311 (1975)

228 N. W. 2d 360

CHICAGO & NORTH WESTERN RAILWAY COMPANY, Appellant, v. AFRAM BROTHERS COMPANY, Respondent.

Supreme Court of Wisconsin.

Decided May 6, 1975.

Attorney(s) appearing for the Case

For the appellant there were briefs by Borgelt, Powell, Peterson & Frauen, attorneys, and Frank A. Scherkenbach and James E. Snodgrass of counsel, all of Milwaukee, and oral argument by Willard P. Techmeier of Milwaukee.

For the respondent there was a brief by Charles W. Oppitz and Shinken & Shinken, attorneys, and Milton Shinken of counsel, all of Milwaukee, and oral argument by Milton Shinken and Mr. Oppitz.

CONNOR T. HANSEN, J.

The defendant is a dealer in scrap metal with its yard in Milwaukee, Wisconsin. Much of the scrap metal it receives is shipped by the plaintiff's facilities.

Pursuant to an average agreement between the plaintiff and the defendant and the applicable tariff laws, the plaintiff was authorized to charge the defendant a demurrage tariff if the defendant detained a car in excess of certain time limits. Under the domestic tariff, the demurrage...

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