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CITY OF HARRISONBURG v. CHESAPEAKE & O. RY. CO.

No. 3700.

34 F.Supp. 640 (1940)

CITY OF HARRISONBURG et al. v. CHESAPEAKE & O. RY. CO. et al.

District Court, W. D. Virginia, at Danville.

August 10, 1940.

Attorney(s) appearing for the Case

Harry C. Ames, of Washington, D. C., and Frank Talbott, Jr., of Danville, Va., for plaintiff.

M. Carter Hall, of Richmond, Va., John J. Fitzpatrick, of Baltimore, Md., and E. L. Beach, of Richmond, Va., for defendants.

PAUL, District Judge.

The plaintiffs have brought suit for damages under the provisions of Sect. 16 (2) of the Interstate Commerce Act, 49 U.S.C.A. § 16(2), based upon an order of the Interstate Commerce Commission holding certain freight charges on coal to have been unreasonable and awarding reparation.

The complaint, docketed by the Commission as No. 24885, was filed November 25, 1931, and assailed as unreasonable a rate of $2.90 per ton on coal from...

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