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PENNSYLVANIA RAILROAD CO. v. MOORE-McCORMACK LINES, INC.

246 F.Supp. 143 (1965)

The PENNSYLVANIA RAILROAD COMPANY, Plaintiff, v. MOORE-McCORMACK LINES, INC., Defendant.

United States District Court S. D. New York.

October 4, 1965.

Attorney(s) appearing for the Case

Conboy, Hewitt, O'Brien & Boardman, New York City, for plaintiff (R. L. Duff, New York City, of counsel).

Browne, Hyde & Dickerson, New York City, for defendant.

RYAN, Chief Judge.

Plaintiff railroad moves for summary judgment to recover demurrage under a tariff filed with the Interstate Commerce Commission. Jurisdiction is based on Sec. 1 et seq., 49 U.S.C.A., and Sec. 1337, 28 U.S.C.A.

The essential facts are undisputed. Defendant has attempted to raise five issues, but one is a factual one which we find can be determined on the record.

The claim in suit is brought by plaintiff as a railroad carrier to recover...

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