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ELGIN, JOLIET AND EASTERN RAILWAY CO. v. BENJ. HARRIS & CO.

No. 63 C 1009.

245 F.Supp. 467 (1965)

ELGIN, JOLIET AND EASTERN RAILWAY COMPANY, a corporation, Plaintiff, v. BENJ. HARRIS & CO., a corporation, Defendant.

United States District Court N. D. Illinois, E. D.

August 26, 1965.

Attorney(s) appearing for the Case

Jay A. Lipe, W. Gerald Thursby, Stevenson, Conaghan, Hackbert, Rooks & Pitts, Chicago, Ill., for plaintiff.

Ben Liss and Michael M. Lyons, Sonnenschein, Levinson, Cartin, Nath & Rosenthal, Chicago, Ill., for defendant.

WILL, District Judge.

Plaintiff, Elgin, Joliet and Eastern Railway Company (hereinafter EJ&E), instituted this action to recover $2,668.89 in additional freight charges alleged to be due from the defendant. The instant controversy involves a shipment of used gunsights shipped from Pocatello, Idaho to Chicago Heights, Illinois at the scrap metal rate of $1.05 per cwt. EJ&E contends that the general commodity tariff ($4.61 per cwt.) applies to this shipment...

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