South Omaha Terminal Railway Co. v. Armour and Company

Appellee has filed a motion under Rule 8 of the Rules of this Court to affirm the judgment of the district court 1 as expressed in its Memorandum Opinion of July 19, 1971 or, in the alternative, to dismiss appellant’s appeal. Since appellee’s motion to dismiss does not raise a jurisdictional question, we must deny it; however, for reasons stated hereafter, we grant appellee’s motion to affirm.

The sole question before this Court is whether appellant’s contention that the district court improperly interpreted the term, “at the same industry”, as used in Items 45 and 46 of Freight Tariff 26 and…