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UNION PACIFIC RAILROAD COMPANY v. UNITED STATES

No. 316-68.

490 F.2d 1385 (1974)

UNION PACIFIC RAILROAD COMPANY v. The UNITED STATES.

United States Court of Claims.

January 23, 1974.

Attorney(s) appearing for the Case

Martin Sterenbuch, Washington, D.C., atty. of record, for plaintiff; Cake & Sterenbuch, Washington, D.C., of counsel.

Michael J. Rubin, Washington, D.C., with whom was Acting Asst. Atty. Gen. Irving Jaffe, for defendant.

Before COWEN, Chief Judge, and SKELTON and BENNETT, Judges.

OPINION

BENNETT, Judge.

This transportation case comes before us from the Trial Division on a decision by Trial Judge Willi. We adopt his findings of fact, with modifications, but reach a different legal conclusion for reasons which hereafter appear, and conclude that plaintiff is entitled to judgment and that the counterclaim should be dismissed.

Plaintiff, Union Pacific Railroad Company, a Utah corporation...

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