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DELAWARE, L. & W. R. CO. v. UNITED STATES

123 F.Supp. 579 (1954)

DELAWARE, L. & W. R. CO. v. UNITED STATES.

United States District Court, S. D. New York.

April 21, 1954.

Attorney(s) appearing for the Case

Rowland L. Davis, Jr., New York City, by John F. Reilly, Washington, D. C., for plaintiff.

J. Edward Lumbard, New York City, by Harold R. Tyler, Jr., New York City, for defendant.

BONDY, District Judge.

This is an action brought by the Delaware, Lackawanna & Western Railroad Company for the balance of freight charges owed by the defendant for the transportation of shipments of canned food.

The charges for the shipments amounted to $9,476.84, of which the defendant paid $5,229.93, leaving a balance of $4,246.91, which is the amount demanded by the plaintiff in this action.

The United States in a counterclaim asserts that...

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