Legal Opinion

Empire Refineries, Inc. v. Guaranty Trust Co.

Court of Appeals for the Eighth Circuit

Decided March 17, 1921No. 5697PublishedCited by 7 opinions

Appeal from the District Court of the United States for the Eastern District of Missouri; William C. Hook, Judge. Suit in equity by the Guaranty Trust Company of New York and others, trustees, against the Missouri Pacific Railway Company and others. The Empire Refineries, Incorporated, appeals from an order disallowing its claim against the receiver.

1Opinion of the Court

CARLAND, Circuit Judge.

January 17, 1917, appellant shipped on revenue billing from Cushing, Okl., to St. Eouis, Mo., a tank car load of gasoline routed over the linea of the A., T. & S. E. Ry. and Missouri Pacific Ry. The tank car in which the gasoline was shipped was owned by appellant, and under the tariff provisions of the railways it was entitled to receive three-fourths of a cent per mile on loaded movements of the tank car. Instead of delivering the car and contents to the consignee at St. Eouis, the Missouri Pacific Railway, then being operated by a receiver, tendered the car to the…

2Cases cited16 opinions

  1. Cartlidge v. SloanSupreme Court of Alabama · 1899
  2. Swift v. MoseleySupreme Court of Vermont · 1838
  3. Charles Towne & Co. v. WileySupreme Court of Vermont · 1851
  4. McCurdy v. Wallblom Furniture & Carpet Co.Supreme Court of Minnesota · 1905
  5. Ferguson v. PorterSupreme Court of Florida · 1850

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3Cited by7 opinions

  1. Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
  2. Burlington Northern Inc. v. United StatesUnited States Court of Claims · 1972
  3. Schwartzman v. United Air Lines Transp. Corp.District Court, D. Nebraska · 1947
  4. Francesconi v. Baltimore & O. R.District Court, S.D. New York · 1921
  5. Schnitzer v. Panhandle Lumber Co.Washington Supreme Court · 1942

2 more not listed; retrieve them via the Exa API.

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