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CHICAGO AND NORTH WESTERN RY. CO. v. THE UNITED STATES

No. 49291.

124 F.Supp. 359 (1954)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, v. THE UNITED STATES.

United States Court of Claims.

October 5, 1954.

Attorney(s) appearing for the Case

Warren Newcome, St. Paul, Minn., for the plaintiff. Lawrence Cake, Washington, D. C., was on the brief.

John B. Miller, Washington, D. C., with whom was Asst. Atty. Gen. Warren E. Burger, for the defendant. Frank J. Keating, Washington, D. C., was on the brief.

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

LITTLETON, Judge.

The plaintiff is suing for an amount deducted by the Comptroller General from plaintiff's account with the defendant. This amount represents the difference between freight charges on certain shipments paid by the Government at the commercial rate and freight charges on these shipments at a lower statutory rate which, the defendant contends, is the highest rate that should have been applied. The matter is before us for decision on the merits.

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