Legal Opinion

Bernstein Bros. Pipe & MacHinery Co. v. Denver & R.G.W.R. Co

Court of Appeals for the Tenth Circuit

Decided December 18, 1951No. 4340_1PublishedCited by 37 opinions

1Opinion of the Court

PHILLIPS, Chief Judge.

The Denver and Rio- Grande Western Railroad Company 1 brought this action against Bernstein Bros. Pipe & Machinery Company 2 to recover $259.21 additional transportation charges and Federal transportation tax on two carloads of devices shipped from Middletown, Pennsylvania, to Pueblo, Colorado.

The complaint alleged that the applicable tariff provided for charges in the amount of $1,493.71, plus $44.81 tax, a total of $1,538.52, and that at the time of delivery the Railroad Company collected only $1,-279.31. The complaint alleged that the action “arises under the laws of…

2Cases cited17 opinions

  1. Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
  2. Louisville & Nashville Railroad v. MaxwellSupreme Court of the United States · 1915
  3. Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
  4. Louisville & Nashville Railroad v. Central Iron & Coal Co.Supreme Court of the United States · 1924
  5. Lessee of Ewing v. BurnetSupreme Court of the United States · 1837

12 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd.Supreme Court of the United States · 1983
  2. Gibson v. First Federal Savings and Loan AssociationDistrict Court, E.D. Michigan · 1972
  3. Hughes Transp., Inc. v. United StatesUnited States Court of Claims · 1954
  4. Maritime Service Corp. v. Sweet Brokerage De Puerto Rico, Inc.Court of Appeals for the First Circuit · 1976
  5. Empire Petroleum Company v. Sinclair Pipeline Company, Sinclair Pipeline Company, Cross-Appellant v. Empire Petroleum Company, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1960

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