Legal Opinion

The Atchison, Topeka and Santa Fe Railway Company v. M. E. Belt and Hazel Belt, D/B/A Belt Fur and Wool Company

Court of Appeals for the Eighth Circuit

Decided March 3, 1977No. 76-1527Published

1Opinion of the Court

STEPHENSON, Circuit Judge.

The Atchison, Topeka and Santa Fe Railway Company (Santa Fe) appeals from the district court’s 1 dismissal for lack of subject matter jurisdiction of its complaint which sought to recover allegedly improper freight charges refunded to appellees, M. E. Belt and Hazel Belt, d/b/a Belt Fur and Wool Company (Belt). We reverse.

In 1973 Belt shipped freight over the Santa Fe and paid all freight charges billed by the Santa Fe as a result. Subsequently, Belt sought and received from Santa Fe refunds totalling $5,872.06 which represented a portion of those freight charges…

2Cases cited3 opinions

  1. TM Partridge Lumber Co. v. Michigan Cent. R. Co.Court of Appeals for the Eighth Circuit · 1928
  2. St. Louis-San Francisco Railway Co. v. Willard Mirror Co.District Court, W.D. Arkansas · 1958
  3. Kurn v. Pittsburgh Plate Glass Co.District Court, E.D. Missouri · 1942

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