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PACIFIC ELECTRIC RY. CO. v. UNITED STATES

Civil Action No. 4256.

71 F.Supp. 987 (1947)

PACIFIC ELECTRIC RY. CO. v. UNITED STATES

District Court, S. D. California, Central Division.

May 19, 1947.

Attorney(s) appearing for the Case

Frank Karr, C. W. Cornell, and E. D. Yeomans, all of Los Angeles, Cal., for plaintiff.

James M. Carter, U. S. Atty., and Charles H. Veale, Asst. U. S. Atty., both of Los Angeles, Cal., and J. Francis Hayden, Sp. Asst. to Atty. Gen., (Paul D. Page, Sol., Maritime Commission, George Galland, Atty., Maritime Commission, and Hubert H. Margolies, Atty., Department of Justice, all of Washington, D. C., of counsel), for defendant.

MATHES, District Judge.

Pacific Electric Railway Company, a common carrier by rail, has brought this suit under the Tucker Act, 28 U.S.C.A. § 41(20), to recover the balance allegedly due on shipments of freight carried during the years 1941 to 1944. The freight consisted of various materials required for the construction of "Liberty" ships built for the United States Maritime Commission.

The shipments in controversy were carried on Government bills of...

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