UNITED STATES v. KANSAS CITY SOUTHERN RY. CO.

Civ. A. No. 5254.

116 F.Supp. 484 (1953)

UNITED STATES v. KANSAS CITY SOUTHERN RY. CO.

United States District Court W. D. Missouri, W. D.

Motion for New Trial and to Set Aside Order Dismissing Complaint Denied November 17, 1953.


Attorney(s) appearing for the Case

Sam M. Wear, U. S. Atty., David A. Thompson, Asst. U. S. Atty., Kansas City, Mo., G. H. Penstone, Regional Atty., Office of Solicitor, U. S. Dept. of Agriculture, Chicago, Ill., for plaintiff.

Richard S. Righter, William E. Davis, Kansas City, Mo., for defendant.


RIDGE, District Judge.

During the period from April 20, 1945, to August 2, 1946, Commodity Credit Corporation shipped on commercial bills of lading, via the lines of defendant, 5,519 carloads of wheat (totaling 10,100,965 bushels) from Kansas City, Mo.-Kan., to Port Arthur, Texas, for export. The plaintiff, through the C.C.C., paid the rates as legally published in applicable tariffs for said shipments. All of the grain moved through an elevator owned by the Port...

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