Sonken-Galamba Corp. v. Atchison, T. & S. F. Ry. Co.

OTIS, District Judge.

This suit was instituted against six railroad companies and other defendants under Section 8 of Title 49, U.S.C., 49 U.S.C.A. § 8, to recover damages for the refusal of the carriers to transport at the scrap iron and scrap steel rate what the plaintiffs claim was scrap iron and scrap steel. After answers had been filed plaintiffs moved for summary judgment under Rule 56, 28 U.S.C.A. following section 723c, alleging that whether the material involved in this suit should be carried at the scrap iron and scrap steel rate had been adjudicated in various mandamus proceedings…