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DENVER & RIO GRANDE WESTERN RAILROAD CO. v. UNITED STATES

No. 425-57.

318 F.2d 922 (1963)

The DENVER & RIO GRANDE WESTERN RAILROAD COMPANY, a Corporation v. The UNITED STATES.

United States Court of Claims.

June 7, 1963.

Attorney(s) appearing for the Case

Stanley Worth and Jules G. Korner, III, Washington, D. C., for the plaintiff. Korner, Doyle, Worth & Crampton, Washington, D. C., were on the briefs.

Thomas A. Troyer, Denver, Colo., with whom was Asst. Atty. Gen. Louis F. Oberdorfer, for the defendant. Lyle M. Turner and John F. Palmer, Washington, D. C., were on the brief.

Before JONES, Chief Judge, and WHITAKER, LARAMORE, DURFEE and DAVIS, Judges.

DAVIS, Judge.

Plaintiff is one of a large number of railroads which banded together in the late 1940's to buy the Pullman sleeping car business. As a result of a Government antitrust suit, Pullman, Inc., the parent company of the Pullman interests, was required in 1944 to divest itself of either its car manufacturing business or its sleeping car activities. It chose to retain the former and therefore approached various railroads to purchase the assets or stock of...

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