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BALTIMORE & OHIO R.R. CO. v. LILLY PAINT ETC.

No. 19,542.

135 Ind. App. 46 (1963)

188 N.E.2d 278

THE BALTIMORE AND OHIO RAILROAD COMPANY v. LILLY PAINT PRODUCTS, INC.

Court of Appeals of Indiana.

Rehearing denied March 22, 1963.

Transfer denied July 2, 1963.

Attorney(s) appearing for the Case

Martz, Beattey & Wallace, of Indianapolis, for appellant.

Carl E. Stilwell, and Stilwell, Hackemeyer & Life, of counsel, of Indianapolis, for appellee.

KELLEY, J.

In 1948 appellee shipped over appellant's road six carloads of pail paint from Indianapolis to Port Transportation Officer, San Francisco Port of Embarkation, Oakland, California. It appears that appellee sold the paint by written contract to the United States Government and that the paint was actually exported by steamship to Manila in the Philippine Islands and Naha, Okinawa. The appellant charged appellee an "export" freight rate of One Dollar and thirty...

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