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SAMUEL P. MANDELL CO. v. PENNSYLVANIA RAILROAD CO.

Civ. A. No. 23771.

336 F.Supp. 565 (1971)

SAMUEL P. MANDELL COMPANY v. PENNSYLVANIA RAILROAD COMPANY and Baltimore & Ohio Railroad Company.

United States District Court, E. D. Pennsylvania.

December 6, 1971.

Attorney(s) appearing for the Case

Ned Stein, Philadelphia, Pa., for plaintiff.

Arthur E. Newbold (Dechert, Price & Rhoads), Philadelphia, Pa., Eugene Garfinkle, San Francisco, Cal., Jeremiah C. Waterman, Washington, D. C., for defendants.

OPINION AND ORDER

EDWARD R. BECKER, District Judge.

I. Preliminary Statement

In this suit under § 16(2) of the Interstate Commerce Act, 49 U.S.C. § 1 et seq. (Act), Plaintiff, Samuel Mandell Co. (Mandell), a shipper of produce, seeks to compel the payment of a reparations award by the Interstate Commerce Commission (ICC) against defendant rail carriers (Carriers) arising out of an alleged overcharge. Trial was had before the Court...

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