OPINION
GOURLEY, Senior District Judge.
This proceeding has been filed by plaintiffs pursuant to the Interstate Commerce Act, 49 U.S.C.A. § 1 et seq., to recover charges for coal shipments delivered by plaintiff on behalf of the defendant. Defendant has filed a counterclaim for the value of coal which, although given to the railroad for delivery, never reached its destination. After a thorough pretrial of this proceeding, and based on the stipulation...
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