BERTHOLD-JENNINGS LUMBER CO. v. ST. LOUIS, I. M. & S. RY. CO.

No. 9945.

80 F.2d 32 (1935)

BERTHOLD-JENNINGS LUMBER CO. et al. v. ST. LOUIS, I. M. & S. RY. CO. et al.

Circuit Court of Appeals, Eighth Circuit.

November 7, 1935.


Attorney(s) appearing for the Case

Lee B. Ewing, of Nevada, Mo., and Clifford B. Allen, of St. Louis, Mo., for appellants.

Thomas T. Railey and Edward J. White, both of St. Louis, Mo., for appellees.

Before STONE, GARDNER, and VAN VALKENBURGH, Circuit Judges.


GARDNER, Circuit Judge.

This is an appeal from a decree entered after hearing on certain exceptions to a report of a special master, which denied preferential payment to certain claims of appellants for overcharges made by a carrier in intrastate commerce, but which allowed them as general claims. The issues require a somewhat extended statement of the history of the litigation and the facts in connection with which the claims of appellants arose.

In 1905...

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