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UNITED STATES v. GREAT NORTHERN RY. CO.

No. 7978.

25 F.2d 961 (1928)

UNITED STATES v. GREAT NORTHERN RY. CO.

Circuit Court of Appeals, Eighth Circuit.

April 12, 1928.

Attorney(s) appearing for the Case

O. R. McGuire, Sp. Asst. Atty. Gen. (Herman J. Galloway, Asst. Atty. Gen., Lafayette French, Jr., U. S. Atty., of St. Paul, Minn., and Howard W. Ameli, of Washington, D. C., on the brief), for the United States.

Fletcher Rockwood, of St. Paul, Minn. (F. G. Dorety and R. J. Hagman, both of St. Paul, Minn., on the brief), for defendant in error.

Before LEWIS and KENYON, Circuit Judges, and KENNEDY, District Judge.

KENNEDY, District Judge.

This is a suit in which the Great Northern Railway Company, plaintiff in the court below, sought to recover of the United States, there defendant, a balance alleged to be due for the transportation of 71 members of the Marine Corps of the United States from Great Falls, in the state of Montana, to Portland, in the state of Oregon. The case was tried to the court without the intervention of a jury, as is required by a statute in such cases...

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