Legal Opinion

West Coast Products Corporation v. Southern Pacific Company, a Corporation

Court of Appeals for the Ninth Circuit

Decided May 11, 1955No. 14078PublishedCited by 6 opinions

1Opinion of the Court

JAMES ALGER FEE, Circuit Judge.

Southern Pacific Company 1 brought this action against West Coast Products Corporation 2 to recover claimed additional freight charges on various shipments of olives transported by it and connecting carriers from Orland, California, to various eastern destinations. The basis of the contention was that the charges actually paid were collected erroneously under an item of the tariff which did not cover the shipments. The case came on for trial before a jury, but the trial judge held it was the duty of the court to decide which item of the tariff should apply as a…

2Cases cited9 opinions

  1. Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
  2. United States v. Gulf Refining Co.Supreme Court of the United States · 1925
  3. Pillsbury Flour Mills Co. v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
  4. Bernstein Bros. Pipe & MacHinery Co. v. Denver & R.G.W.R. CoCourt of Appeals for the Tenth Circuit · 1951
  5. United States v. Missouri-Kansas-Texas R. Co.Court of Appeals for the Fifth Circuit · 1952

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

3Cited by6 opinions

  1. The Associated Press v. The Federal Communications Commission and United States of America, American Telephone and Telegraph Co., IntervenorCourt of Appeals for the D.C. Circuit · 1971
  2. Stephan Riess and Thelma McKinney Riess, and Cross-Appellees v. C. W. Murchison and Simi Valley Development Company, and Cross-AppellantsCourt of Appeals for the Ninth Circuit · 1964
  3. Union Pacific Railroad Company, a Corporation v. Ore-Ida Potato Products, Inc., a CorporationCourt of Appeals for the Ninth Circuit · 1958
  4. Associated Wholesale Grocers, Inc. v. United StatesDistrict Court, D. Kansas · 1967
  5. Norfolk and Western Railway Company, a Corporation v. Permaneer Incorporated, a CorporationCourt of Appeals for the Eighth Circuit · 1972

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