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ATCHISON, T. & S. F. RY. CO. v. ERMAN-HOWELL DIVISION

No. 65 C 1680.

279 F.Supp. 625 (1968)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, a corporation, Plaintiff, v. ERMAN-HOWELL DIVISION OF LURIA STEEL & TRADING CORPORATION, a corporation, Defendant.

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

February 9, 1968.

Attorney(s) appearing for the Case

Floyd Stuppi and Gus Svolos, Chicago, Ill., for plaintiff.

Aaron, Aaron, Schimberg & Hess, and Winston, Strawn, Smith & Patterson, Chicago, Ill., for defendant.

DECISION AND ORDER ON THE MERITS

ROBSON, District Judge.

This case involves the interpretation of one of the plaintiff's tariffs. This court concludes that the proper interpretation demands that judgment be rendered for the defendant.

The defendant, a scrap broker, purchased scrap iron from seven railroads. These railroads, at defendant's direction (even though title did not pass until later), transported...

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