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ATCHISON, TOPEKA & SANTA FE RY. CO. v. UNITED STATES

No. 38-52.

130 F.Supp. 593 (1955)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY v. The UNITED STATES.

United States Court of Claims.

May 3, 1955.

Attorney(s) appearing for the Case

Lawrence Cake, Washington, D. C., for plaintiff. Raymond A. Negus, Washington, D. C., was on the brief.

Francis X. Daly, Washington, D. C., with whom was Asst. Atty. Gen. Warren E. Burger, for defendant.

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

LARAMORE, Judge.

The plaintiff, a common carrier by railroad, sues the Government for the difference between the land-grant rate, which it billed and received, and the higher commercial rate to which it claims to be entitled. The shipments in question occurred in 1946 and consisted of dried and canned foodstuffs, drygoods, soap and drugs shipped at the request of the War Department on Army bills of lading from various points in the United States to Oakland, California...

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