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ILLINOIS CENTRAL RAILROAD COMPANY v. TEMPLAR

No. 72-1077.

463 F.2d 972 (1972)

ILLINOIS CENTRAL RAILROAD COMPANY, Defendant-Petitioner, v. Honorable George C. TEMPLAR, United States District Judge, Respondent, and United States of America, Plaintiff-Respondent.

United States Court of Appeals, Tenth Circuit.

July 17, 1972.

Attorney(s) appearing for the Case

Daniel M. Dibble, Kansas City, Mo., for petitioner.

Ronald R. Glancz, Atty., Dept. of Justice (L. Patrick Gray, III, Asst. Atty. Gen., Robert J. Roth, U. S. Atty., and Morton Hollander, Atty., Dept. of Justice, with him on the brief), for respondent.

Before SETH, HOLLOWAY and DOYLE, Circuit Judges.

SETH, Circuit Judge.

This comes before us on a petition for writ of mandamus. The petitioner is a defendant in two cases commenced by the United States on behalf of the Commodity Credit Corporation. It is alleged that the defendant as a rail carrier of grain shipped by the CCC lost a portion of certain designated shipments en route. The cause of action is based on a difference between the weight certificates signed by the loading grain elevators and the weight certificates...

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