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WESTERN PACIFIC RAILROAD COMPANY v. UNITED STATES

No. 148-54.

131 F.Supp. 921 (1955)

The WESTERN PACIFIC RAILROAD COMPANY v. The UNITED STATES.

United States Court of Claims.

June 7, 1955.

Attorney(s) appearing for the Case

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

Paris T. Houston, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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

JONES, Chief Judge.

The issue in this case is whether certain army motor vehicles should be classified and rated under Item 43780 or Item 43810 of Consolidated Freight Classification No. 15. The pertinent part of Item 43780 is as follows:

"Vehicles, motor; * * * freight, including tractors (driving trucks for freight vehicles or fire apparatus), loose or in packages."

The pertinent part of Item 43810 reads:

"Vehicles, motor; * * * Dumping...

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