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CHICAGO AND NORTH WESTERN RAILWAY CO. v. UNITED STATES

No. 71-70.

453 F.2d 759 (1972)

CHICAGO AND NORTH WESTERN RAILWAY CO. v. The UNITED STATES.

United States Court of Claims.

January 21, 1972.

Attorney(s) appearing for the Case

Robert Schmiege, La Grange, Ill., atty. of record, for plaintiff.

Francis H. Clabaugh, Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant; John Charles Ranney, Washington, D. C., of counsel.

Before COWEN, Chief Judge, LARAMORE, Judge, DURFEE, Senior Judge, and DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

ON DEFENDANT'S MOTION AND PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

DURFEE, Senior Judge.

Plaintiff seeks to collect transportation charges upon which the General Accounting Office withheld payment in order to satisfy an alleged indebtedness from plaintiff to the Railroad Retirement Board.

In 1957 and 1958, plaintiff acquired control of the Chicago, St. Paul, Minneapolis and Omaha Railway Company and the Litchfield...

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