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UNITED STATES v. WESTERN PAC. R. CO.

No. 18.

352 U.S. 59 (1956)

77 S.Ct. 161

1 L.Ed.2d 126

UNITED STATES v. WESTERN PACIFIC RAILROAD CO. ET AL.

Supreme Court of United States.

Decided December 3, 1956.

Attorney(s) appearing for the Case

Morton Hollander argued the cause for the United States. With him on the brief were Solicitor General Rankin, Assistant Attorney General Doub, Ralph S. Spritzer and Melvin Richter.

Frederick Bernays Wiener argued the cause for respondents. With him on the brief was Lawrence Cake.

MR. JUSTICE HARLAN delivered the opinion of the Court.

The three respondent railroads each sued in the Court of Claims to recover from the United States as shipper the difference between the tariff rates actually paid and those allegedly due on 211 Army shipments of steel aerial bomb cases filled with napalm gel.1 Approximately 200 of the shipments were made over the lines of respondents Bangor and Seaboard in 1944; the remainder were...

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