Atchison, T. & S. F. Ry. Co. v. White

HARRISON, District Judge.

This action was instituted by plaintiff against defendant to recover undercharges on 118 separate carload shipments made by defendant during the period of August, 1939, to February, 1941, which charges plaintiff contends must be collected in accordance with the lawfully published tariffs then in effect.

Like in the case of Atchison, Topeka and Santa Fe Railway Company v. Judson Freight Forwarding Company, etc., D.C., 49 F.Supp. 789, this day decided by me, the question for determination is whether the shipper should have been billed for two forty-foot cars on each…