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NORTHERN PACIFIC RAILWAY COMPANY v. UNITED STATES

Civ. Nos. 3-58-28, 3-58-29.

170 F.Supp. 854 (1959)

NORTHERN PACIFIC RAILWAY COMPANY, a Corporation, Plaintiff, v. UNITED STATES of America, Defendant (two cases).

United States District Court D. Minnesota, Third Division.

March 13, 1959.

Attorney(s) appearing for the Case

M. L. Countryman, Jr., Earl F. Requa, W. S. Lycan, Jr., St. Paul, Minn., for plaintiff.

E. Craig Kennedy, Atty., Washington, D. C., Fallon Kelly, U. S. Atty., John J. Connelly, Asst. U. S. Atty., St. Paul, Minn., for defendant.

DONOVAN, District Judge.

The above two cases were consolidated for hearing and were tried to the Court on February 18, 1959. In the first action plaintiff seeks to recover $7,942.37 and in the second action plaintiff seeks to recover $3,829.49 from defendant.

Defendant by answer pleads the Statute of Limitations in bar.1

The facts are undisputed in all respects except as to the tariff charges applicable.

Plaintiff...

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