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CHICAGO & N. W. RY. CO. v. UNITED STATES

No. 46262.

74 F.Supp. 943 (1948)

CHICAGO & N. W. RY. CO. v. UNITED STATES.

Court of Claims.

January 5, 1948.

Attorney(s) appearing for the Case

A. Rea Williams, of Washington, D. C. (Nye F. Morehouse and P. F. Gault, both of Chicago, Ill., on the brief), for plaintiff.

Henry Weihofen, of Washington, D. C., and Peyton Ford, Asst. Atty. Gen., for defendant.

Before JONES, Chief Justice, and LITTLETON, WHITAKER, MADDEN, and HOWELL, Judges.

JONES, Chief Justice.

This case turns on whether the defendant was entitled to reduced railway rates on certain shipments of coal, sulphur, lime, and gasoline during the war period. The defendant paid the reduced rates claiming the shipments were "military or naval property of the United States moving for military or naval and not for civil use" by virtue of Section 321(a) of the Transportation Act of 1940.1

Plaintiff claims the...

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