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GREAT NORTHERN RY. CO. v. COMMODITY CREDIT CORP.

Civ. No. 3002.

164 F.Supp. 442 (1958)

GREAT NORTHERN RAILWAY COMPANY, Plaintiff, v. COMMODITY CREDIT CORPORATION, Defendant.

United States District Court D. Minnesota, Third Division.

June 30, 1958.

Attorney(s) appearing for the Case

Edwin C. Matthias, Anthony Kane, R. W. Cronon, and Curtis H. Berg, St. Paul, Minn., for plaintiff.

George E. MacKinnon, U. S. Atty., Kenneth G. Owens, Asst. U. S. Atty., St. Paul, Minn., for defendant.

DONOVAN, District Judge.

Plaintiff brought this action to recover $597.56, alleged to be a freight undercharge owing for the transportation of seven carloads of wheat during the period of April 14, 1955, to October 29, 1955. Jurisdiction is based on 15 U.S.C.A. § 714b (c).

The case came on for hearing on defendant's motion for summary judgment. A motion for summary judgment is an extreme remedy, and should be granted only in the absence of a genuine material...

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