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SOUTHERN PACIFIC COMPANY v. UNITED STATES

Civ. A. Nos. 1611, 1621.

243 F.Supp. 839 (1965)

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, 1965.

Attorney(s) appearing for the Case

John P. Sinclair, of Berl, Potter & Anderson, Wilmington, Del., and Robert P. Shaughnessy of Nixon, Mudge, Rose, Guthrie & Alexander, New York City, for plaintiff.

Alexander Greenfeld, U. S. Atty., and William J. Wier, Jr., Asst. U. S. Atty., Wilmington, Del., for defendant.

CALEB M. WRIGHT, Chief Judge.

The plaintiff seeks recovery of freight charges from the United States.

The controversy has been submitted to this court on an agreed stipulation of the facts. Briefly, they are as follows: The United States Navy purchased goods from Base Materials, Inc., to be shipped from San Lorenzo, California to a naval base in Rhode Island. The goods were purchased on March 25, 1952, and the contract price included freight charges to Rhode...

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