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DENVER & RIO GRANDE WEST. R. CO. v. RESURRECTION MIN. CO.

Civ. A. No. 4436.

139 F.Supp. 564 (1956)

The DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation, Plaintiff, v. The RESURRECTION MINING COMPANY, a corporation, Defendant.

United States District Court D. Colorado.

March 30, 1956.

Attorney(s) appearing for the Case

T. R. Woodrow and H. M. Boyle, Denver, Colo., for plaintiff.

Pershing, Bosworth, Dick & Dawson, John W. Low, Denver, Colo., for defendant.

KNOUS, Chief Judge.

This is an action brought by the plaintiff, an interstate carrier by railroad, to recover an alleged balance due for freight transportation charges from the defendant pursuant to the provisions of the Interstate Commerce Commission Act, Title 49 U.S.C.A., and particularly sections 3(2) and 6(7) thereof.

The parties have stipulated that the case shall be determined upon an agreed statement of facts and briefs heretofore filed by them.

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