SOUTHERN RAILWAY COMPANY v. UNITED STATES

No. 49991.

156 F.Supp. 740 (1957)

SOUTHERN RAILWAY COMPANY v. UNITED STATES.

United States Court of Claims.

December 4, 1957.


Attorney(s) appearing for the Case

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

Curtis L. Wagner, Jr., Knoxville, Tenn., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant. Paris T. Houston, Washington, D. C., was on the brief.


JONES, Chief Judge.

Plaintiff sues for alleged unpaid balances of transportation charges on shipments of explosives from Ordill, Illinois, and Firestone, Nebraska, and ultimately delivered at Bynum, Alabama.

The issue turns primarily on whether at the time Liberty Hall, South Carolina, was a port within the meaning of the applicable tariff provisions.

Briefly, the essential facts are as follows: From April 24, 1945, to April 28, 1945, the Government...

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