UNION PAC. R. CO. v. UNITED STATES

Nos. 48995, 50151.

109 F.Supp. 251 (1953)

UNION PAC. R. CO. v. UNITED STATES.

United States Court of Claims.

January 13, 1953.


Attorney(s) appearing for the Case

Lawrence Cake, Washington, D. C., for plaintiff. Raymond Negus, Washington, D. C., was on the brief.

John I. Heise, Jr., Washington, D. C., with whom was Asst. Atty. Gen. Holmes Baldridge, for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN and HOWELL, Judges.


WHITAKER, Judge.

Plaintiff, a common carrier by railroad, sues for an amount representing the difference between the regular freight rate charged to defendant and the land grant rate to which defendant claims it is entitled on articles and commodities owned by defendant and carried over plaintiff's lines. The amount in question was originally paid as billed, but the difference was either refunded to defendant or withheld by defendant from amounts otherwise due plaintiff...

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