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Abstract

The plaintiff shipped grain from points of origin in Minnesota and the Dakotas over the defendant's line to Minneapolis where it was re-consigned over the same line to Superior. The defendant had on file a through rate on shipments from the points of origin to Superior with no specification of the route to be used. The route via Minneapolis was circuitous as compared with the direct route available, and the defendant charged the plaintiff the local rate to Minneapolis plus the proportional to Superior, the aggregate of which exceeded the through rate in the filed tariffs. Held, that the finding of the Commission in awarding the plaintiff reparation, 120 I. C. C. 530, and the judgment of the district court for the plaintiff, 34 F(2d) 221, should be affirmed. Great Northern Ry. v. Delmar Co. (C. C. A. 8th 1930) 43 F.(2d) 780.

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