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CHICAGO, BURLINGTON & QUINCY R. CO. v. UNITED STATES

No. 11254.

221 F.2d 811 (1955)

CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY, a corporation, Plaintiff-Appellant, v. The UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

April 18, 1955.

Attorney(s) appearing for the Case

T. G. Schuster, Chicago, Ill., Eldon Martin, C. W. Krohl, Andrew C. Scott, Chicago, Ill., for appellant.

Robert Tieken, U. S. Atty., John Peter Lulinski, Asst. U. S. Atty., Chicago, Ill., Alexander O. Walter, Asst. U. S. Atty., Chicago, Ill., for appellee.

Before DUFFY, Chief Judge, and FINNEGAN and SCHNACKENBERG, Circuit Judges.

DUFFY, Chief Judge.

In 1944 and 1945 the United States shipped twelve carload shipments of war material by railroad freight. Nine of the shipments moved from Garland, Texas, to Proving Ground, Illinois. The other three moved from Chicago to Fort Crcok, Nebraska. All shipments were composed of internal combustion engines. The nine moving to Proving Ground, Illinois, were for use in "tracked motor carriages" such as gun carriages, bulldozers, medium tanks and tank recovery...

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