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EMMONS COAL MINING CO. v. NORFOLK & W. RY. CO.

No. 3181.

3 F.2d 525 (1925)

EMMONS COAL MINING CO. et al. v. NORFOLK & W. RY. CO.

Circuit Court of Appeals, Third Circuit.

January 10, 1925.

Attorney(s) appearing for the Case

Conlen, Acker, Manning & Brown, of Philadelphia, Pa. (J. T. Manning, Jr., of Philadelphia, Pa., on the brief), for plaintiff in error Emmons Coal Mining Co.

William G. Wright, of Philadelphia, Pa. (J. T. Manning, Jr., of Philadelphia, Pa., on the brief), for plaintiff in error Fidelity & Casualty Co.

J. Hamilton Cheston, F. M. Rivinus, and Theodore W. Reath, all of Philadelphia, Pa., for defendant in error.

Before BUFFINGTON, Circuit Judge, and BODINE and GIBSON, District Judges.

GIBSON, District Judge.

In the court below the Norfolk & Western Railway Company brought its action against the Emmons Coal Mining Company and the Fidelity & Casualty Company of New York to recover an amount alleged to be due as demurrage upon certain cars of coal shipped over the line of the plaintiff by the first-named defendant. The Fidelity & Casualty Company of New York was surety upon the bond of the Emmons...

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