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UNITED STATES v. BUTTE, A. & P. RY. CO.

No. 527.

38 F.2d 871 (1930)

UNITED STATES v. BUTTE, A. & P. RY. CO.

District Court, D. Montana, Butte Division.

February 26, 1930.

Attorney(s) appearing for the Case

Wellington D. Rankin, U. S. Atty., of Helena, Mont.

L. O. Evans, D. M. Kelly, and John A. Groeneveld, all of Butte, Mont., and Warren Nichols, of Chicago, Ill., for defendant.

BOURQUIN, District Judge.

Upon this demurrer to the complaint to recover money alleged to have been paid by mistake the issues are the proper construction of the phrase, "which sustained a deficit in its railway operating income," in paragraph (a), § 204 (title 49 USCA § 73(a), the Transportation Act of 1920, and the effect of the Interstate Commerce Commission's decisions, infra. It appears that at all material times defendant operated a railroad as a common...

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