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SOUTHERN PAC. CO. v. UNITED STATES

Civ. A. No. 1159.

93 F.Supp. 411 (1950)

SOUTHERN PAC. CO. v. UNITED STATES.

United States District Court D. Delaware.

September 20, 1950.

Attorney(s) appearing for the Case

Clarence A. Southerland, William Poole and James L. Latchum (of Southerland, Berl & Potter), all of Wilmington, Del., and Robert J. McLean, of New York City, for plaintiff.

William Marvel, U. S. Atty., and Francis A. Reardon, Asst. U. S. Atty., of Wilmington, Del., and Armistead B. Rood, Attorney, Department of Justice, of Washington, D. C., for defendant.

LEAHY, Chief Judge.

This is an action by plaintiff to recover freight charges in the amount of $3,203.72 with interest since November 1, 1946. The controversy concerns the transportation of 38 truck trailers, known as "Athey Wagons" which were transported from Mobase, Washington, to Oakland, California.1 Originally the United States Army had these trailers at its Mount Rainier Ordnance Depot. The army decided the trailers were unserviceable...

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