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PENNSYLVANIA RAILROAD COMPANY v. UNITED STATES

Civ. A. No. 26169.

199 F.Supp. 586 (1961)

PENNSYLVANIA RAILROAD COMPANY, Petitioner v. UNITED STATES of America and Interstate Commerce Commission.

United States District Court E. D. Pennsylvania.

December 1, 1961.

Attorney(s) appearing for the Case

William F. Zearfaus, Philadelphia, Pa., for plaintiff; Paul F. McArdle, Washington, D. C., of counsel.

William H. Orrick, Jr., Asst. Atty. Gen., Walter E. Alessandroni, U. S. Atty., Philadelphia, Pa., Donald B. MacGuineas, Charles Donnenfeld, Attys. Dept. of Justice, Washington, D. C., for defendant the United States.

KRAFT, District Judge.

The history of this case sufficiently appears in the opinion on the appeal from the Court of Claims in the same matter. Pennsylvania Railroad Co. v. United States, 363 U.S. 202, 80 S.Ct. 1131, 1132, 4 L.Ed.2d 1165 (1960):

"In 1941 and 1942 the United States made 75 shipments of iron and steel over the Pennsylvania Railroad intended for export from the port of New York to Great Britain. War conditions prevented...

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