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BUTTE, A. & P. RY. v. U.S.

No. 8.

290 U.S. 127 (1933)

54 S.Ct. 108

78 L.Ed. 222

BUTTE, ANACONDA & PACIFIC RY. CO. v. UNITED STATES.

Supreme Court of United States.

Decided November 20, 1933.

Attorney(s) appearing for the Case

Mr. Daniel M. Kelly, with whom Mr. John A. Groencveld was on the brief, for petitioner.

Assistant Attorney General Stephens, with whom Solicitor General Biggs and Mr. Elmer B. Collins were on the brief, for the United States.

MR. JUSTICE BRANDEIS delivered the opinion of the Court.

This action was brought by the United States, on August 23, 1929, in the federal court for Montana to recover the sum of $487,116.31 paid to Butte, Anaconda & Pacific Railway Company on March 26, 1925. The payment was made pursuant to a certificate of the Interstate Commerce Commission for that amount, issued March 20, 1925, and addressed to the Secretary of the...

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