Southern Ry. Co. v. Eichler

VAN VALKENBURGH, Circuit Judge.

August 6, 1926, appellees filed complaint with the Interstate Commerce Commission, involving rates upon carload shipments of certain clay articles shipped from Albion, Ill., to St. Louis, Mo. The allegation was that the said carload shipments consisted of common brick on which appellant assessed and collected a rate of $1.45 per ton under the standard brick schedule, of 2,000 pounds, whereas the applicable rate was $1.15 per ton under a note in the tariff defining a certain exception to that schedule. The difference between the amounts resulting from the total…