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NORTHERN PAC. RY. CO. v. UNITED STATES

Civil Action No. 90.

64 F.Supp. 1 (1946)

NORTHERN PAC. RY. CO. v. UNITED STATES.

District Court, W. D. Wisconsin.

January 15, 1946.

Attorney(s) appearing for the Case

Johnson, Fritschler & Barstow, of Superior, Wis., and M. L. Countryman, Jr., and L. B. da Ponte, both of St. Paul, Minn., for plaintiff.

Charles H. Cashin, U. S. Atty., of Madison, Wis., and John F. Sonnett, Acting Head, Claims Division, and Hubert H. Margolies, Atty., Department of Justice, both of Washington, D. C., for defendant.

STONE, District Judge.

This is an action commenced under the Tucker Act, paragraph 20 of Section 24 of the Judicial Code of March 3, 1911, 36 Stat. 1093 as amended, 28 U.S.C.A. § 41 (20), to recover from the defendant freight charges on interstate shipments of government property. Plaintiff submitted its bills to the defendant at published tariff rates. The defendant, claiming that land grant rates applied under Section 321 (a) of the Transportation Act of 1940...

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