Legal Opinion · Dissent

Davison Gulfport Fertilizer Co. v. Gulf & Ship Island R. Co.

Court of Appeals for the Fifth Circuit

Decided July 20, 1937No. 8338Published

1DissentHolmes, Circuit Judge

The appellant seeks to recover the total of numerous charges for wharfage, paid to appellee on commodities moving through the port of Gulfport, Miss., in interstate coastwise commerce. It is alleged that the tariffs containing said charges were wrongfully promulgated, affd filed with the Interstate Commerce Commission in violation of a contract between the appellee and the United States; and that, by reason of the breach of contract, made for its benefit as a member of the general public, and of the tort that followed, the appellant has been damaged in the amounts paid, with interest. I shall…

2Cases cited73 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
  3. Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
  4. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
  5. County of Mobile v. KimballSupreme Court of the United States · 1881

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