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LEWIS, ETC. CO. v. SOUTHERN PAC. CO.

No. 520.

283 U.S. 654 (1931)

51 S.Ct. 592

75 L.Ed. 1333

LEWIS-SIMAS-JONES CO. v. SOUTHERN PACIFIC CO.

Supreme Court of United States.

Decided May 25, 1931.

Attorney(s) appearing for the Case

Mr. Robert E. Quirk, with whom Messrs. Ernest Clewe and E.W. Hollingsworth were on the brief, for petitioner.

Mr. J.R. Bell, with whom Messrs. G.H. Muckley, H.C. Booth, James E. Lyons, and Burton Mason were on the brief, for respondent.

Mr. Robert E. Quirk, by special leave of Court, filed a brief on behalf of The American Cyanamid Co., as amicus curiae.

MR. JUSTICE BUTLER delivered the opinion of the Court.

Petitioner sued respondent in the superior court of the city and county of San Francisco, California, to recover damages alleged to have been caused by the exaction of freight charges which had been found excessive by the Interstate Commerce Commission in a reparation case. 102 I.C.C. 245. A jury being waived, the court made findings of fact, stated its conclusions of law and dismissed the case on the ground that...

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