Stott Briquet Co. v. New York Cent. R.

JONES, Chief Judge.

These are three actions now before the court on identical motions to dismiss because the statutory limitation period has elapsed.

In each case coal was carried by rail from Pennsylvania to lake ports on Lake Erie. The coal was then shipped by lake vessel to Superior, Wisconsin where plaintiff, Stott Briquet Company, processed the coal into briquets and shipped the finished product on different railroads into the western states.

In 1938 the Interstate Commerce Commission granted various railroads an increase in tariff of some eleven cents per gross ton on shipments of coal…