Harrison Engineering & Construction Corp. v. Atchison, T. & S. F. Ry. Co.

RIDGE, District Judge.

Plaintiffs in these consolidated actions seek recovery of alleged freight rate overcharges exacted by defendant for certain shipments of sand, gravel, crushed stone and mixed aggregate of sand and gravel. The basis upon which such claims are asserted is that the weight on which the freight rates charged by defendant was calculated for said shipments was not connected with any applicable provisions of governing tariffs; that a three percent (3%) Federal tax collected by defendant upon the amounts paid for such shipments was unlawfully collected in violation of the Federal…