BURLINGTON NORTHERN INC. v. UNITED STATES

No. 406-71.

462 F.2d 526 (1972)

BURLINGTON NORTHERN INC. v. The UNITED STATES.

United States Court of Claims.

July 14, 1972.


Attorney(s) appearing for the Case

William R. Power, Chaska, Minn., atty. of record, for plaintiff.

Gerald L. Schrader, Washington, D.C., with whom was Asst. Atty. Gen., Harlington Wood, Jr., for defendant.

Before COWEN, Chief Judge, LARAMORE, Senior Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA and KUNZIG, Judges.


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

KASHIWA, Judge.

Plaintiff in this case sues to recover $1,422.94 which defendant withheld from funds otherwise due plaintiff. Defendant deducted the amount as a charge for plaintiff's unauthorized use of defendant's flatcar. For the reasons stated below, we hold that defendant is entitled to compensation for this use. However, since the parties disagree as to the amount of the damages...

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