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RECONSTRUCTION FINANCE CORP. v. SPOKANE, P. & S. RY. CO.

No. 11864.

170 F.2d 96 (1948)

RECONSTRUCTION FINANCE CORPORATION v. SPOKANE, P. & S. RY. CO.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 2, 1948.

Attorney(s) appearing for the Case

Dewey H. Palmer, of Portland, Or., for appellant.

Charles A. Hart, Manley B. Strayer and Hart, Spencer, McCulloch & Rockwood, all of Portland, Or., for appellee.

Before: DENMAN, Chief Judge, and STEPHENS and HEALY, Circuit Judges.

STEPHENS, Circuit Judge.

The decisive question left with the District Court after pre-trial and through stipulation of the parties was: Which, if either, of two railway freight rates itemized in the freight tariff schedules filed with the Interstate Commerce Commission was proper to be charged the government (plaintiff) on carloads of alcohol owned and shipped by it from certain points in Louisiana to certain points in the states of Oregon and Washington.

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