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BUTTON v. ATCHISON, T. & S. F. RY. CO.

No. 6536.

1 F.2d 709 (1924)

BUTTON v. ATCHISON, T. & S. F. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

September 4, 1924.

Attorney(s) appearing for the Case

John Embry, of Oklahoma City, Okl. (Embry, Johnson & Tolbert, of Oklahoma City, Okl., on the brief), for plaintiff in error.

George M. Green, of Oklahoma City, Okl. (Cottingham, McInnis & Green and M. M. Gibbens, all of Oklahoma City, Okl., on the brief), for defendant in error.

Before KENYON, Circuit Judge, and AMIDON and SCOTT, District Judges.

AMIDON, District Judge.

This writ of error challenges a judgment in favor of the railway company in an undercharge suit on a shipment of 24 cars of cattle from Ft. Stockton, Tex., to Fairfax, Okl. Defendant resided in the latter state. He was both consignor and consignee of the shipment. Before entering upon the transaction he applied to the local agent of the initial carrier to learn his total freight charge. The agent, after consulting with officers at the central...

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