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UNITED STATES v. NORTHERN PAC. RY. CO.

Nos. 13895, 13896.

188 F.2d 277 (1951)

UNITED STATES v. NORTHERN PAC. RY. CO. NORTHERN PAC. RY. CO. v. UNITED STATES.

United States Court of Appeals Eighth Circuit.

March 22, 1951.

Attorney(s) appearing for the Case

M. L. Countryman, Jr., St. Paul, Minn., for Northern Pac. Ry. Co.

C. U. Landrum, U. S. Atty., St. Paul, Minn., Spencer L. Baird, Regional Counsel, Bureau of Reclamation, Amarillo, Tex., and A. B. Rood, Attorney, Department of Justice, Washington, D. C., for the United States.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

This action was brought in the United States District Court of Minnesota by the Northern Pacific Railway Company against the United States of America under 28 U. S.C.A. § 41 (20), now 28 U.S.C.A. § 1346. (2), to recover a balance claimed to be due the railroad for freight charges on six shipments of cement from six points in the State of Washington to Odair, Washington, from which point the cement was transported over a government...

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