CHICAGO, M., ST. P. & PR CO. v. McCree & Co.

JOYCE, District Judge.

This is an action brought by the plaintiff railroad to recover demurrage charges incurred by defendant during the period from July 1, 1948 to November 6, 1948. The matter has been submitted upon a stipulation of facts.

During the period above mentioned plaintiff transported cement, sand and gravel' which was consigned to defendant at Baroda, Minnesota. The cement was shipped in interstate commerce; the sand and gravel in intrastate commerce. The cars used in the intrastate shipments were, and are, used by plaintiff indiscriminately in interstate and intrastate commerce.…