UNITED STATES v. GREAT NORTHERN RY. CO.

No. 2246.

46 F.2d 999 (1931)

UNITED STATES v. GREAT NORTHERN RY. CO.

District Court, D. Minnesota, Third Division.

February 7, 1931.


Attorney(s) appearing for the Case

Elmer B. Collins, Sp. Asst. to Atty. Gen., and Lewis L. Drill, U. S. Atty., and George A. Heisey, Asst. U. S. Atty., both of St. Paul Minn. (John Lord O'Brian, Asst. to Atty. Gen., on the brief), for the United States.

F. G. Dorety, R. J. Hagman, and J. H. Mulally, all of St. Paul, Minn. (R. E. L. Smith, of Washington, D. C., on the brief), for defendant.


SANBORN, District Judge.

The facts admitted by the demurrer are, in substance, these:

The defendant was a carrier entitled to the guaranty provided for by section 209 of the Transportation Act of 1920 (41 Stat. 464 [49 USCA § 77]). It received as advances during the guaranty period, March 1, 1920, to September 1, 1920, $6,500,000, under section 209(h). On March 1, 1921, or shortly thereafter, it received $6,000,000 additional under section 209, as amended...

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