Ambler

Appellants as the ancillary receivers of Dimon Steamship Corporation instituted this action against appellee, a shipper, to recover freight moneys claimed to be due on four shipments of lumber carried by the company for the shipper during October, November, and December, 1931, from Puget Sound to the Atlantic Coast.

The recovery sought was $38,975.66, with interest, based upon a $10 per M. board feet rate. The District Court allowed recovery of $15,349.68, with interest based upon $8 per M. board feet rate. The appellants here seek to recover the difference denied by the lower court amounting to $23,635.98.. The amounts are not in dispute. The applicable freight rate is the sole point in issue.

The Bloedel Donovan Lumber Mills, ap-pellee, owns and operates a mill at Belling-ham, Wash., and, in connection with its sales organization, has maintained an office in New York City. During the year 1931, and for many years prior thereto, this company was engaged in the business of manufacturing lumber and lumber products, much of which was sold in the East.

During and prior to the year 1931, the Dimon Steamship Corporation, with its office in New York City, operated vessels in the…