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SOUTHERN PAC. CO. v. UNITED STATES

Nos. 45952 and 46012.

67 F.Supp. 966 (1946)

SOUTHERN PAC. CO. v. UNITED STATES.

Court of Claims.

October 7, 1946.

Attorney(s) appearing for the Case

Lawrence Cake, of Washington, D.C. (C. O. Amonette, of San Francisco, Cal., on the brief), for plaintiff.

S. R. Gamer, of Washington, D. C., and John F. Sonnett, Asst. Atty. Gen. (Louis R. Mehlinger, of Washington, D. C., on the brief), for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.

WHALEY, Chief Justice.

These two cases were consolidated in a single report of the commissioner, and they have been briefed and argued together. There is no substantial dispute about the facts, and on the law the cases are not to be distinguished.

The plaintiff is a common carrier by railroad and, during the months of August, September, October, and November of 1941, in participation with other such carriers, transported from interior points to San Francisco...

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