UNITED STATES v. NEW YORK, NEW HAVEN & HARTFORD R. CO.

No. 5090.

236 F.2d 101 (1956)

UNITED STATES of America, Defendant, Appellant, v. The NEW YORK, NEW HAVEN AND HARTFORD RAILROAD COMPANY, Plaintiff, Appellee.

United States Court of Appeals First Circuit.

August 10, 1956.


Attorney(s) appearing for the Case

Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., with whom Warren E. Burger, Asst. Atty. Gen., Anthony Julian, U. S. Atty., Boston, Mass., and Melvin Richter, Atty., Dept. of Justice, Washington, D. C., were on brief, for appellant.

Edmund M. Sweeney, Boston, Mass., for appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.


MAGRUDER, Chief Judge.

This is an appeal from a summary judgment in favor of the New York, New Haven and Hartford Railroad Company against the United States in the sum of $402.84. Though the amount involved is small, this is a test case, determination of which will settle the government's liability in a number of similar suits.

In 1953 plaintiff Railroad filed its complaint in the district court against the United States under the Tucker Act, 28 U.S.C.A. ...

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