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CATERPILLAR TRACTOR CO. v. ATCHISON, T. & S. F. RY. CO.

Civ. A. No. P-3239.

333 F.Supp. 885 (1971)

CATERPILLAR TRACTOR CO., Plaintiff, v. The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Defendant.

United States District Court, S. D. Illinois, N. D.

November 24, 1971.

Attorney(s) appearing for the Case

Paul M. Daniell, Atlanta, Ga., Homer W. Keller, Peoria, Ill., for plaintiff.

William J. Voelker, Jr., Peoria, Ill., for defendant.

DECISION AND ORDER

ROBERT D. MORGAN, District Judge.

In this suit plaintiff, Caterpillar Tractor Co., a California corporation, having its principal place of business in Peoria, Illinois, seeks a refund of $100,959.32, plus interest, from payments made to defendant, The Atchison, Topeka and Santa Fe Railway Company, for shipments of tractors and tractor parts shipped via defendant's line. The sole issue in dispute...

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