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MINNEAPOLIS & c. RY. v. MERRICK CO.

No. 15.

254 U.S. 376 (1920)

41 S.Ct. 142

65 L.Ed. 312

MINNEAPOLIS, ST. PAUL & SAULT STE. MARIE RAILWAY COMPANY v. C.L. MERRICK COMPANY.

Supreme Court of United States.

Decided December 20, 1920.

Attorney(s) appearing for the Case

Mr. John L. Erdall, with whom Mr. A.H. Bright and Mr. H.B. Dike were on the brief, for plaintiff in error.

Mr. Alfred Zuger and Mr. Andrew Miller, with whom Mr. B.F. Tillotson was on the brief, for defendant in error.

MR. JUSTICE VAN DEVANTER delivered the opinion of the court.

This is a companion case to Minneapolis, St. Paul & Sault Ste. Marie Ry. Co. v. Washburn Lignite Coal Co., just decided, ante, 370, and was brought by a shipper to recover charges exacted in excess of the statutory rate. The shipments were made prior to the first judgment in the injunction suit, when the carrier was refusing to give effect to the schedule; and the excess was paid...

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