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LOUISVILLE CEMENT CO. v. INT. COM. COMM.

No. 70.

246 U.S. 638 (1918)

38 S.Ct. 408

62 L.Ed. 914

UNITED STATES EX REL. LOUISVILLE CEMENT COMPANY v. INTERSTATE COMMERCE COMMISSION.

Supreme Court of United States.

Decided April 29, 1918.

Attorney(s) appearing for the Case

Mr. J. Van Dyke Norman, with whom Mr. John S. Kelley, Jr., and Mr. George H. Lamar were on the brief, for plaintiff in error.

Mr. Charles W. Needham, with whom Mr. Joseph W. Folk was on the brief, for the Interstate Commerce Commission.

MR. JUSTICE CLARKE delivered the opinion of the court.

The facts of this case are not disputed and are as follows:

By mistake in printing its tariff, the published rate of the Louisville & Nashville R.R. Co. on coal from mines in Kentucky to Speeds, Indiana, was increased on July 22, 1906, to $1.10 per ton from $1.00, which had been the rate before.

The mistake was not noticed and the old rate was charged...

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