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ATLANTIC COAST LINE R. CO. v. UNITED STATES

No. 47213.

119 F.Supp. 171 (1954)

ATLANTIC COAST LINE R. CO. v. UNITED STATES.

United States Court of Claims.

March 2, 1954.

Attorney(s) appearing for the Case

Robert R. Faulkner, Washington, D. C., C. C. Howell and U. B. Ellis, Wilmington, N. C., on the briefs, for plaintiff.

Gilbert E. Andrews, Washington, D. C., Warren E. Burger, Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER and MADDEN, Judges.

WHITAKER, Judge.

The question presented in this case is whether or not defendant is entitled to land-grant freight rates on articles shipped for use by a contractor in the construction of a United States naval air station.

Plaintiff was not a land-grant railroad, but it had entered into an equalization agreement, paragraph 26(e) of which provides:

"This carrier will not equalize net land-grant rates, except on United States Government property shipped...

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