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CHICAGO & NORTH WESTERN RAILWAY CO. v. UNITED STATES

No. 48787.

127 F.Supp. 545 (1955)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY v. The UNITED STATES.

United States Court of Claims.

January 11, 1955.

Attorney(s) appearing for the Case

Jordan J. Hillman, Chicago, Ill., for plaintiff. Fred O. Steadry and Drennan J. Slater, Chicago, Ill., were on the briefs.

Gordon F. Harrison, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

James H. Fallon, Jr., Washington, was on the brief.

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

LARAMORE, Judge.

Plaintiff sues to recover the difference between the land-grant freight rates paid on coal delivered by rail to defendant between 1942 and 1945, inclusive, and the same rates computed without benefit of land-grant deduction.

At various times during 1942, 1943, 1944 and 1945, plaintiff, a non-land-grant railroad, in participation with other railroads, transported for defendant numerous carload shipments...

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