Robert Ellingson, Jr. v. Burlington Northern, Inc., Dba Burlington Northern Railway, and Western Pacific Railroad Company, a Corporation
Court of Appeals for the Ninth Circuit
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
I. Background.
Ellingson appeals the dismissal of his antitrust complaint against the Burlington Northern and Western Pacific Railroads and the award of $10,000 in attorneys fees.
Ellingson and his successors in interest operated a lumber mill in Klamath Falls. When the supply of harvestable timber in that area decreased, Ellingson purchased timber in California. In 1955 and 1957 he had it shipped on the defendant railroads, but he was dissatisfied with their charges. After negotiations, it was agreed that the railroads would give him a lower rate.
Dissatisfied,…
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