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UNION PACIFIC RAILROAD COMPANY v. UNITED STATES

No. 506-53.

147 F.Supp. 483 (1957)

UNION PACIFIC RAILROAD COMPANY v. The UNITED STATES.

United States Court of Claims.

January 16, 1957.

Attorney(s) appearing for the Case

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

Pauline B. Heller, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. Paris T. Houston, Washington, D. C., was on the brief.

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

MADDEN, Judge.

In 1943 and 1944 the plaintiff railroad carried goods for the Commodity Credit Corporation, which was an agency of the United States. The railroad submitted bills for the carriage and the CCC paid the bills as submitted. The bills were excessive, in that they did not give the CCC the benefit of land-grant rates to which it was entitled.

In 1953 the Government notified the plaintiff that an audit showed that the plaintiff had been overpaid, and...

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