International Coal Mining Co. v. Pennsylvania R.

HOLLAND, District Judge.

This spit was instituted May 13, 1905, for damages resulting in an unlawful discrimination against the plaintiff by the defendant in the shipment of coal over the latter’s road. On July 11, 1905, the” defendant pleaded' not guilty and the statute of limitations. On October 7, 1905, by leave of court, the further plea was filed, as follows:

*552“And for. a further plea in this behalf the defendant,'by leave of court, says that the plaintiff ought not to have or maintain its said action, because, since the institution of the same, to wit, on September 29, A. D. 1905, in a…