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Transcription
U n io n P a c if ic R a il r o a d C o m p a n y jm N. H. L O O M IS , QEK'SBAL SOLICITOR L A W D E P A R T M E N T o m a h a , n e b .. May 6, 1910. Mr* H. J. S t ir lin g , A u d i t o r . Dear S ir t - Replying to your f i le 12-370, of February 14th, 1910, re lativ e to claim of the American Smelting & Refining Company, for a refund of freight charges assessed on erroneous mine weights. I am of the opinion that a t a r i f f provision that 'mine weights w ill govern* in the collection of freight charges on coal, would he no defence to an action to recover freight charges assessed on inoorrect mine weights, i f the evidence was clear that such weights were in fact erroneous. From a careful examination of the papers enclosed with your le tt e r, as w ell as Mr* Munroe's f i l e s , x am s a tis fied that the weights at the mine were in fact erroneous, and am of the opinion therefore, that there is no legal objection to the payment of the claim. Very truly yours, I* H. LOOMIS COPY
