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SOUTHERN RAILWAY COMPANY v. CHAMPION PAPERS, INC.

Civ. No. 2643.

315 F.Supp. 881 (1969)

SOUTHERN RAILWAY COMPANY, Plaintiff, v. CHAMPION PAPERS, INC., Defendant.

United States District Court, W. D. North Carolina, Asheville Division.

August 7, 1969.

Attorney(s) appearing for the Case

Harold K. Bennett, Bennett, Kelly & Long, Asheville, N. C., W. T. Joyner, Joyner & Howison, Raleigh, N. C., Duncan B. Phillips, Washington, D. C., for plaintiff.

Bryce Rea, Jr., Rea, Cross & Knebel, Washington, D. C., for defendant.

MEMORANDUM OF DECISION

WOODROW WILSON JONES, Chief Judge.

This is an action to recover the sum of $52,015.27 alleged to be due the plaintiff, Southern Railway Company, by reason of the defendant, Champion Papers, Inc., paying freight charges at less than the proper rate as shown in the tariff effective during the period of from November 24, 1964, to March 28, 1966. The matter was heard by the Court without a jury on October 14, 1968, and thereafter briefs...

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