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GEORGE ALLISON & CO. v. UNITED STATES

12 F.Supp. 862 (1935)

GEORGE ALLISON & CO., Inc., et al. v. UNITED STATES et al.

District Court, S. D. New York.

August 20, 1935.

Attorney(s) appearing for the Case

Milbank, Tweed, Hope & Webb, of New York City (John A. Kelly and F. Trowbridge Vom Baur, both of New York City, of counsel), for plaintiffs.

Elmer B. Collins, Sp. Asst. to the Atty. Gen., for the United States.

Nelson Thomas, of Washington, D. C., Atty. for Interstate Commerce Commission (Daniel W. Knowlton, Chief Counsel, of Washington, D. C., of counsel), for the Commission.

Before SWAN, Circuit Judge, and GODDARD and COXE, District Judges.

SWAN, Circuit Judge.

In 1929, express service was inaugurated for the transportation of fresh strawberries in carloads from Florida to northern points under a tariff filed by Railway Express Agency, Inc., establishing express rates and refrigeration charges. Thereafter, various shippers of strawberries attacked such rates and charges before the Interstate Commerce Commission on the ground that they were excessive, discriminatory, and prejudicial. The complaining shippers...

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