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PENN CENTRAL TRANSPORTATION COMPANY v. SKLUT HIDE & FUR COMPANY

280 A.2d 716 (1971)

PENN CENTRAL TRANSPORTATION COMPANY, Formerly the Pennsylvania Railroad Company, a Pennsylvania corporation, Plaintiff Below, Appellant, v. SKLUT HIDE & FUR COMPANY, a Delaware corporation, Defendant Below, Appellee.

Supreme Court of Delaware.

June 11, 1971.

Attorney(s) appearing for the Case

Robert K. Payson, of Potter, Anderson & Corroon, Wilmington, for plaintiff below, appellant.

Arthur G. Connolly, Jr., of Connolly, Bove & Lodge, Wilmington, for defendant below, appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

In this action for demurrage charges, the determinative issue is the reasonableness of the tariff provisions involved.1 It is agreed, as was held by the Superior Court, that the Interstate Commerce Commission has exclusive jurisdiction to determine the reasonableness of such tariff provisions. The defendant consignee contends that the notice provision of the tariff is unreasonable, in the circumstances of this case,...

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