ATCHISON, T. & S. F. R. CO. v. UNITED STATES

No. 417-74.

572 F.2d 843 (1978)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY v. The UNITED STATES.

United States Court of Claims.

March 22, 1978.


Attorney(s) appearing for the Case

Martin Sterenbuch, Washington, D.C., for plaintiff; Gajarsa, Liss & Sterenbuch, Washington, D.C., of counsel.

John Charles Ranney, Washington, D.C., with whom was Asst. Atty. Gen. Barbara Allen Babcock, Washington, D.C., for defendant.

Before NICHOLS, KASHIWA, and KUNZIG, Judges.


OPINION

PER CURIAM:

This case comes before the court on defendant's exceptions to the recommended decision of Trial Judge Kenneth R. Harkins, filed May 31, 1977, pursuant to Rule 134(h), having been submitted to the court on oral argument of counsel and the briefs of the parties.

The case concerns 41 disputed charges for carriage of Government property by rail. As is usual, the Government paid the charges, but on determining they were excessive via...

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