COMMODITY CREDIT CORP. v. PETALUMA & SANTA ROSA R. CO.

No. 12427.

190 F.2d 438 (1951)

COMMODITY CREDIT CORP. v. PETALUMA & SANTA ROSA R. CO.

United States Court of Appeals, Ninth Circuit.

July 12, 1951.


Attorney(s) appearing for the Case

H. G. Morison, Asst. Atty. Gen., Frank J. Hennessy, U. S. Atty., C. Elmer Collett, Asst. U. S. Atty., San Francisco, Cal. (Edward H. Hickey, Armistead B. Rood, Attorneys, Dept. of Justice, Washington, D. C., of counsel), for appellant.

George L. Buland, A. T. Suter, San Francisco, Cal., for appellee.

Before BIGGS and STEPHENS, Circuit Judges, and DRIVER, District Judge.


BIGGS, Circuit Judge.

The case at bar presents a difficult question of tariff construction. It was decided in favor of the plaintiff railroad company by the court below. 83 F.Supp. 639. Commodity Credit Corporation, the defendant, has appealed.

On April 11, 1944 Commodity purchased eight carloads of wheat from the Alberta Wheat Pool. We will use one of the cars, viz., L. & N. car No. 10913, as an example.

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