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ATLANTIC LUMBER CORPORATION v. SOUTHERN PAC. CO.

Civil No. 710.

47 F.Supp. 511 (1942)

ATLANTIC LUMBER CORPORATION v. SOUTHERN PAC. CO. et al.

District Court, D. Oregon.

October 26, 1942.

Attorney(s) appearing for the Case

E. K. Marohn. of Seattle, Wash., for plaintiff.

Dey, Hampson & Nelson, Paul P. Farrens, and R. R. Morris, all of Portland, Or., for defendant Southern Pac. Co.

Carl C. Donaugh, U. S. Atty., and C. Laird McKenna, Asst. U. S. Atty., both of Portland, Or., and S. R. Brittingham, Jr., Sp. Asst. to Atty. Gen., of Washington, D. C., for defendant United States.

Allen Crenshaw, Atty., Interstate Commerce Commission, of Washington, D. C., for defendant Interstate Commerce Commission.

Before HANEY, Circuit Judge, and BOWEN and FEE, District Judges.

JAMES ALGER FEE, District Judge.

The real basis of the claims filed before the Commission and the "second cause of action" here is the charge that the Commission acted contrary to the evidence and without evidence, in finding that the tariff applied on shipments delivered to vessels at East Portland was not applicable on those handled through Vancouver or other ports not served by defendant, Southern Pacific Company, and the rates charged were discriminatory and unreasonable...

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