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WESTERN PACIFIC RAILROAD COMPANY v. UNITED STATES

No. 50393.

147 F.Supp. 479 (1957)

WESTERN PACIFIC RAILROAD COMPANY v. The UNITED STATES.

United States Court of Claims.

January 16, 1957.

Attorney(s) appearing for the Case

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

James H. Prentice, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for the defendant. Paris T. Houston, Washington, D. C., was on the brief.

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

JONES, Chief Judge.

Plaintiff corporation sues to recover alleged underpayments on its freight bills for transportation services performed for the Government from 1942 to 1945. The case is presently before the court on plaintiff's motion for summary judgment on the issue of defendant's liability.

The plaintiff, a California corporation, is a common carrier by railroad engaged in interstate commerce. On November 5, 1951, it filed a petition in this court alleging...

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