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ATCHISON T. & S. F. RY. CO. v. BELT

No. 76-1527.

549 F.2d 1196 (1977)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Appellant, v. M. E. BELT and Hazel Belt, d/b/a Belt Fur and Wool Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 3, 1977.

Attorney(s) appearing for the Case

Jack D. Rowe, Kansas City, Mo., for appellant; Sam D. Parker, Kansas City, Mo., on the brief.

John David Collins, Macon, Mo., for appellees.

Before LAY and STEPHENSON, Circuit Judges, and TALBOT SMITH, Senior District Judge.

STEPHENSON, Circuit Judge.

The Atchison, Topeka and Santa Fe Railway Company (Santa Fe) appeals from the district court's1 dismissal for lack of subject matter jurisdiction of its complaint which sought to recover allegedly improper freight charges refunded to appellees, M. E. Belt and Hazel Belt, d/b/a Belt Fur and Wool Company (Belt). We reverse.

In 1973 Belt shipped freight over the Santa Fe and paid all freight charges billed...

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