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CHICAGO, ROCK ISLAND & PACIFIC RAILROAD CO. v. UNITED STATES

Civ. No. 5-1252.

206 F.Supp. 795 (1962)

CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, a corporation, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. Iowa, Central Division.

July 18, 1962.

Attorney(s) appearing for the Case

B. A. Webster, Jr., Des Moines, Iowa, for plaintiff.

Leo E. Gross, Asst. U. S. Atty., Des Moines, Iowa, for defendant.

VAN PELT, District Judge.

This action was brought under the Federal Tort Claims Act. The judgment entered for plaintiff included an award of interest. The matter is now before the court upon an amended motion to retax costs and thereby to eliminate the recovery of any interest.

The court concludes that the motion is well taken and that this Judge was in error in the order entered.

It is now elementary that an award of interest cannot be made against...

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