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WESTERN PAC. R. CO. v. PACIFIC PORTLAND CEMENT CO.

No. 26708-G.

84 F.Supp. 15 (1949)

WESTERN PAC. R. CO. v. PACIFIC PORTLAND CEMENT CO. et al.

United States District Court N. D. California, S. D.

May 11, 1949.

Attorney(s) appearing for the Case

C. W. Dooling, E. L. Van Dellen, San Francisco, Cal., for plaintiff.

Pillsbury, Madison & Sutro, Marshall P. Madison, Eugene D. Bennett, James Michael, San Francisco, Cal., for defendant Pacific Portland Cement Co.

GOODMAN, District Judge.

Between October 1944 and March 1946, defendant, operator of a gypsum plant at Empire, Nevada, approximately five miles from plaintiff railroad's station at Gerlach, held, from time to time, empty railroad cars of plaintiff on its (defendant's) tracks, awaiting loading. This action by plaintiff railroad is to recover unpaid demurrage charges. 28 U.S.C.A. § 1337, revised, 28 U.S.C.A. § 41...

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