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ATLANTIC LUMBER CORPORATION v. SOUTHERN PAC. CO.

Civil No. 710.

47 F.Supp. 514 (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.

JAMES ALGER FEE, District Judge.

The statement of facts is set forth in the opinion of the statutory court filed this day in the same cause. 47 F.Supp. 511.

The "first cause of action" sets up that the defendant, Southern Pacific Company, had overcharged for demurrage and freight rates. The court takes cognizance of the "second cause of action" set up in the complaint, where it is alleged that the Interstate Commerce Commission...

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