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SOUTHERN PACIFIC COMPANY v. UNITED STATES

Civ. A. Nos. 1611, 1621.

243 F.Supp. 834 (1960)

SOUTHERN PACIFIC COMPANY, a corporation of the State of Delaware, Plaintiff, v. UNITED STATES of America, Defendant (two cases).

United States District Court D. Delaware.

July 22, 1960.

Attorney(s) appearing for the Case

John P. Sinclair, and Henry R. Horsey (Berl, Potter & Anderson), Wilmington, Del., and Robert P. Shaughnessy (Mudge, Stern, Baldwin & Todd), New York City, for plaintiff.

Leonard G. Hagner, U. S. Atty., Wilmington, Del., for defendant.

RODNEY, District Judge.

These two cases involve the same principles of law and substantially the same facts and will be considered together. They both involve claims by an interstate carrier for unpaid freight charges and are brought pursuant to 28 U.S.C. §§ 1346 and 1402.

In Case 1611 Base Materials Co. shipped from Crows Landing, California, some 2,000 packages of fifty pound bags of bobanite oil absorbent consigned to the Receiving Officer, Naval...

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