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BERWIND-WHITE CO. v. CHI. & ERIE R.R.

No. 92.

235 U.S. 371 (1914)

35 S.Ct. 131

59 L.Ed. 275

BERWIND-WHITE COAL MINING COMPANY v. CHICAGO AND ERIE RAILROAD COMPANY.

Supreme Court of United States.

Decided December 14, 1914.

Attorney(s) appearing for the Case

Mr. Henry T. Martin, with whom Mr. Edward D. Pomeroy was on the brief, for plaintiff in error.

Mr. Edward W. Rawlins, with whom Mr. William J. Calhoun and Mr. Will H. Lyford were on the brief, for defendant in error.

Memorandum opinion by direction of the court by MR. CHIEF JUSTICE WHITE.

The judgment which is under review awarded demurrage on carloads of coal shipped by the plaintiff in error from West Virginia to Chicago, there to be reconsigned. (171 Ill.App. 302.) There are only two alleged Federal contentions:

1. That allowing the demurrage conflicted with the Act to Regulate Commerce because no tariff on the subject was...

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