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LOUISVILLE & N. R. CO. v. UNITED STATES

Civ. A. No. 2021.

109 F.Supp. 464 (1953)

LOUISVILLE & N R. CO. v. UNITED STATES.

United States District Court W. D. Kentucky, at Louisville.

January 13, 1953.

Attorney(s) appearing for the Case

H. T. Lively, J. L. Lenihan, Louisville, Ky. (George H. Wyatt, Detroit, Mich., of counsel), for plaintiff.

Holmes Baldridge, Asst. Atty. Gen., David C. Walls, U. S. Atty., Louisville, Ky., for defendant.

SHELBOURNE, Chief Judge.

This case was tried to the Court November 29, 1951, on evidence heard at that time and on depositions taken by each side.

The action is brought under the Tucker Act, Title 28 U.S.C.A. Section 1346; the controversy revolving around whether certain motor vehicles commonly known as "jeeps" shipped by plaintiff to defendant should carry classification as a passenger automobile with a first class rating or freight automobile with a second...

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