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LONG ISLAND R. CO. v. U.S. DEPT. OF AGRICULTURE

No. 81 CV 0059 (ERN).

566 F.Supp. 1448 (1983)

The LONG ISLAND RAIL ROAD COMPANY, Plaintiff, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant.

United States District Court, E.D. New York.

July 12, 1983.

Attorney(s) appearing for the Case

Thomas M. Taranto by Linda A. Mule, Jamaica, N.Y., for plaintiff.

Raymond J. Dearie, U.S. Atty., E.D.N.Y. by Wentworth E. Miller, Asst. U.S. Atty., Brooklyn, N.Y., for defendant.

MEMORANDUM AND ORDER

NEAHER, District Judge.

The Long Island Rail Road Company ("LIRR") commenced this action to recover underpayments of transportation fees incurred by the Commodity Credit Corporation ("CCC"), an agency of the United States Department of Agriculture. By answer and counterclaim, CCC asserted that its reduced payment resulted from a set-off of losses it suffered on other shipments performed by the LIRR. CCC has now moved for summary judgment...

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